Opinion of Advocate General Lenz delivered on 2 March 1993

1 Original language: German.

2 OJ 1989 L 359, p. 1.

3 This is the first reference made by this senior Italian court.

4 Judgment in Case C-300/89 Commission v Council [1991] ECR I-2867.

5 Paragraph 23 of the judgment.

6 Case 148/78 Pubblico Ministero v Ratti [1979] ECR 1629.

7 Council Directive of 4 June 1973, OJ 1973 L 189, p. 7.

8 Emphasis added.

9 judgment in Case C-376/90 Commission v Belgium [1992] ECU I-6153.

10 Article 10(2) of Council Directive 80/836/Euratom of 15 July 1980, OJ 1980 L 246, p. 1.

11 Paragraphs 18 and 19 of the judgment.

12 Paragraphs 24 to 27 of the judgment.

13 Under paragraph 3, Member States may stipulate that the warnings referred to in paragraphs 1 and 2 be combined with the indication of the authority that is their author.

14 Article 6(1) of Directive 73/173 provides as follows:1. Where the particulars required by Article 5 appear on a label, that label must be placed on one or more surfaces of the package so that it can be read horizontally when the package is set down normally. The dimensions of the label must be as follows: Package contents Dimension — less than or equal to 3 l if possible 52 x 74 mm — greater than 3 l and not exceeding 50 l at least 74 x 105 mm — greater than 50 l and not exceeding 500 l at least 105 x 148 mm — greater than 500 l at least 148 x 210 mm Each symbol must cover at least one tenth of the surface area of the label. The entire surface of the label must adhere to the package immediately containing the substance.

15 Council Directive of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer, OJ 1979 L 33, p. 1.

16 Judgment in Case 98/86 Ministère Public v Mathot [1987] ECR 809, at para. 11.

17 Judgment in Case C-241/89 SARPP v Chambre Syndicale des Raffinenrs et Conditionneurs de Sucre de France and Othersm [1990] ECR I-4695, at para. 16.

18 Resolution of the Council and the representatives of the Governments of the Member States meeting within the Council, of 7 July 1986, on a programme of action of the European Communities against cancer, OJ 1986 C 184, p.19.

19 See point 32 above.

20 See Commission Proposal (COM (87) 719 final), OJ 1988 C 48, p. 8; Opinion of the Economic and Social Committee, OJ 1988 C 237, p. 43; and Amended Commission Proposal (COM (88) 845 final), OJ 1989 C 62, p. 12.

21 Council Directive of 15 May 1992 amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products, OJ 1992 L 158, p. 30.

22 The large surface situated opposite to that which is most visible within the meaning of Article 4(1).