INFORMATION FOR THE PRESS No 43/02
8 May 2002
HEARING IN CASE C-318/00
Bacardi-Martini et Cellier des Dauphins
Under an agreement concluded in 1994 between, on the one hand, the Football
Association and a number of football clubs, including Newcastle, and, on the
other hand, Dorna Marketing (UK) Ltd ('Dorna'), Dorna was responsible for selling
and displaying advertising around the touchline of each of the clubs' pitches
for each home match played by the clubs' first teams.
Dorna sold advertising time to Bacardi-Martini and Cellier des Dauphins on
its revolving electronic display system during a match between Newcastle and
Metz, a French football club, to be played on 3 December 1996 in the third round
of the UEFA Cup.
That match was to be televised live in the United Kingdom and in France. The
advertisements which were to be displayed during the match complied with the
requirements of English law.
Shortly before the start of the match, Newcastle became aware that Dorna had
sold advertising space to Bacardi-Martini and Cellier des Dauphins with the
aim of displaying adverts for alcoholic beverages during the match. Newcastle
therefore instructed Dorna that, as the match was to be broadcast by a French
television channel, the French regulations restricting the advertising of alcoholic
beverages (Loi Evin) would be applicable and that Dorna must therefore remove
the claimants' advertisements from its advertising hoardings in order to comply
with those regulations.
As the advertisements in question could not be removed from the rotating hoardings
before the match began, the display system was programmed in such a way that
those advertisements appeared for only 1 to 2 second intervals during the match.
The match was broadcast live on the French television Canal+.
On 23 July 1998, Bacardi-Martini and Cellier des Dauphins commenced proceedings
against Dorna and Newcastle in the High Court (England and Wales), Queen's Bench
Division, seeking damages and injunctive relief. The claims against Dorna
were withdrawn.
The High Court referred the following questions to the Court of Justice of
the European Communities:
Are the Loi Evin provisions contrary to the principle of freedom of services
in so far as they prevent or restrict (a) the advertising of alcoholic drinks
at sporting events taking place in Member States other than France when the
events are to be televised in France and (b) the broadcasting in France of sporting
events taking place in other Member States at which there is advertising of
alcoholic beverages?
The hearing in the present proceedings will take place in plenary
session at 10.30 a.m. on 14 May 2002. A report for the
hearing will be available in the language of the procedure (English).
Please note the following;
* the use of mobile phones or other loud electronic devices is not permitted
during the hearing;
* the public is requested to remain quiet and seated throughout the hearing
or ceremony;
* photography and filming are authorised only at the very beginning of the
hearing (seating of the President and parties only);
* the use of flash or supplementary lighting systems is not permitted;
* if numerous photographers and cameramen are interested, a "pool"
may be arranged by the Press and Information Division;
* photographers and cameramen may not move around the hearing room in order
to take photographs or to film;
* press are asked to use the Thomas More entrance, Boulevard Konrad Adenauer.
Name:
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Press Agency / Organisation:
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Contact number (Tel):
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(Fax): |
Number of persons: |
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Do you seek authorisation to
photograph? (Please delete as appropriate) Yes No |
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Do you seek authorisation to
film? (Please delete as appropriate) Yes No |
In principle, your application will be accepted, unless you are otherwise informed by the Court.