Opinion of Mr Advocate General Tesauro delivered on 16 January 1991

1 Original language: Italian,

2 First and second Council Directives (65/65 and 75/319) on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (Official Journal, English Special Edition 1965-1966, p. 20, and OJ 1975 L 147, p. 13).

3 The national court refers in particular to certain provisions of the following directives: Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (OJ L 262, p. 169); Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (OJ L 189, p. 1) Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (OJ L 229, p. 1); Council Directive 85/573/EEC of 19 December 1985 which amends Council Directive 77/436/EEC on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts (OJ L 372, p. 22).

4 See Articles L.512, L.596 and L.601 of the Code de la Santé Publique.

5 By virtue of Article L.511 of the Code de Santé Publique, all anti-smoking products are treated as medicinal products.

6 Case 227/82, [1983] ECR 3883.

7 Judgment in Case 35/85 Procureur de la République v Tissier [1986] ECR 1207, paragraph 22

8 See the judgments in Van Bennekom and Tissier, both cited earlier

9 Council Directive on the approximation of the laws of the Member Stales relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ 1979 L 33. p 1)

10 OJ 1989 L 186, page 27. That directive replaced Directive 77/94 (OJ 1977 L 26, page 55).

11 Annex I to the directive in question contains a (non-exhaustive) list of groups of products covered by it (including, in fact, food products with low or reduced energy values intended to control weight and foods for diabetics) for which the adoption of directives is envisaged with a view to achieving complete harmonization of the applicable national laws.

12 Supra, paragraph 26

13 Supra, paragraph 29

14 Supra, paragraph 18

15 Ibid, paragraph 17

16 Ibid, paragraph 19

17 The most recent example is Case C-42/90 Bellon [1990] ECR I-4863.

18 See the ludgments in Case 174/82 Sandoz [1983] ECR 2445 and Case 178/84 Commission v Germany [1987] ECR 1227

19 Stipra, paragraph 40

20 Council Directive 85/432 of 15 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (OJ 1985 L 253, p. 34).

21 Case 8/74, [1974] ECR 837.

22 See in that regard the Opinion of Mr Advocate General Van Gerven of 29 June 1989 in Case C-145/88 ß 6 Q [1989] ECR 3865

23 See to that effect the ludgmcnts in Case 382/87 Buet [1989] ECR 1235 and Case C-145/88 B 6 Q 11989] LCR 3851

24 Judgment in Case 155/80 Oebel [1981] ECR 1993, paragraphs 19 and 20

25 Judgment m Case 75/81 Bleigcn [1982] ECR 1211. paragraph 9

26 Judgment in Case C-23/89 Qmetlynn [ 1990) ECR I-3059