![]() ![]() ![]() Second, while a legislative measure which applies to economic operators generally may be of direct and individual concern to some of them, that is not so with the directive in question. It is in fact a normative measure, since it applies in a general and abstract manner to all economic operators in the Member States who, from a specified date, fulfil the conditions it lays down, and since, furthermore, its application within the Member States requires its transposition into each national legal system by means of national implementing measures. Even if it were possible, contrary to the wording of that provision, for directives to be assimilated to regulations so that an action challenging a decision adopted in the form of a directive might be admissible, Directive 98/43 does not constitute a disguised decision and does not contain specific provisions which have the character of an individual decision. $$An action for annulment brought against Directive 98/43 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products by undertakings marketing products other than tobacco products under names used for tobacco products and undertakings operating in the market for advertising of tobacco products is inadmissible.įirst, the fourth paragraph of Article 173 of the Treaty (now, after amendment, the fourth paragraph of Article 230 EC) makes no provision, for the benefit of individuals, for a direct action before the Community judicature challenging a directive. 230 EC, fourth para.) Council Directive 98/43) Summary Summary Parties Grounds Decision on costs Operative part KeywordsĪctions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Directive approximating the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products - Action brought by undertakings operating in the market for advertising of those products - Inadmissible Partnership, Panel Two and Four Advertising SA, Rythmos Outdoor Advertising SA, Media Center Advertising SA, Zino Davidoff SA and Davidoff & Cie SA v European Parliament and Council of the European Union.Īction for annulment - Directive 98/43/EC - Prohibition of advertising and sponsorship of tobacco products - Admissibility. Salamander AG, Una Film "City Revue" GmbH, Alma Media Group Advertising SA & Co. Judgment of the Court of First Instance (Third Chamber) of 27 June 2000. # Action for annulment - Directive 98/43/EC - Prohibition of advertising and sponsorship of tobacco products - Admissibility. Partnership, Panel Two and Four Advertising SA, Rythmos Outdoor Advertising SA, Media Center Advertising SA, Zino Davidoff SA and Davidoff & Cie SA v European Parliament and Council of the European Union. # Salamander AG, Una Film "City Revue" GmbH, Alma Media Group Advertising SA & Co.
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