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10.5.

2003 EN Official Journal of the European Union C 112/5

JUDGMENT OF THE COURT JUDGMENT OF THE COURT

(Fifth Chamber) (Second Chamber)

of 13 March 2003
of 13 March 2003

in Case C-229/01 (Reference for a preliminary ruling from


the Unabhängiger Verwaltungssenat im Land Niederöster- in Case C-333/01: Commission of the European Communi-
reich): Susanne Müller ( 1) ties v Kingdom of Spain (1)

(Directive 2000/13/EC — Labelling and presentation of (Failure by a Member State to fulfil its obligations —
foodstuffs — Date of minimum durability — Article 18) Directive 98/81/EC — Failure to transpose within the
prescribed period)
(2003/C 112/08)
(2003/C 112/09)
(Language of the case: German)

(Language of the case: Spanish)


(Provisional translation; the definitive translation will be published
in the European Court Reports)
(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-229/01: Reference to the Court under Article 234


EC by the Unabhängiger Verwaltungssenat im Land Niederös-
terreich (Austria) for a preliminary ruling in the proceedings
before that court against Susanne Müller, on the interpretation In Case C-333/01, Commission of the European Communities
of Council Directive 79/112/EEC of 18 December 1978 on (Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Diáz
the approximation of the laws of the Member States relating Abdad): Application for a declaration that, by failing to adopt,
to the labelling, presentation and advertising of foodstuffs for or to notify to the Commission, the laws, regulations and
sale to the ultimate consumer (OJ 1979 L 33, p. 1) and administrative provisions necessary to comply with Council
Directive 2000/13/EC of the European Parliament and of the Directive 98/81/EC of 26 October 1998 amending Directive
Council of 20 March 2000 on the approximation of the laws 90/219/EEC on the contained use of genetically modified
of the Member States relating to the labelling, presentation and micro-organisms (OJ 1998 L 330, p. 13), the Kingdom of
advertising of foodstuffs (OJ 2000 L 109, p. 29), the Court Spain has failed to fulfil its obligations under that directive, the
(Fifth Chamber), composed of: M. Wathelet, President of the Court (Second Chamber), composed of: R. Schintgen, President
Chamber, D.A.O. Edward, P. Jann, S. von Bahr (Rapporteur) of the Chamber, V. Skouris and N. Colneric (Rapporteur),
and A. Rosas, Judges; A. Tizzano, Advocate General; R. Grass, Judges; P. Léger, Advocate General; R. Grass, Registrar, has
Registrar, has given a judgment on 13 March 2003, in which given a judgment on 13 March 2003, in which it:
it has ruled:

1. Declares that, by failing to adopt the laws, regulations and


Directive 2000/13/EC of the European Parliament and of the administrative provisions necessary to comply with Council
Council of 20 March 2000 on the approximation of the laws of the Directive 98/81/EC of 26 October 1998 amending Directive
Member States relating to the labelling, presentation and advertising 90/219/EEC on the contained use of genetically modified
of foodstuffs does not preclude a national rule which provides that, micro-organisms, the Kingdom of Spain has failed to fulfil its
where the period of minimum durability of a foodstuff expired, that obligations under that directive;
fact must be indicated separately, clearly and in a generally intelligible
manner. Such a rule is a non-harmonised national provision justified
on the ground of prevention of fraud as provided for in Article 18(2) 2. Orders the Kingdom of Spain to pay the costs.
of the directive.

(1 ) OJ C 317 of 10.11.2001.
( 1) OJ C 245 of 1.9.2001.