Luxembourg, 25/09/2001 (Agence Europe) - Since the end f the summer break, the Community Court of Justice and its Advocates General have ruled on a series of cases that EUROPE considers worthy of attention (none of this is an official translation)
Manufacturer of cosmetics Schazkopf must respect directive on cosmetics
- A good point for Oreal
In a Schwarkopf ruling, the European Court of Justice "condemned" the German manufacturer for not having respected the directive on cosmetic products. The firm should have placed health warnings on tubes of hair colouring in eight languages, even if their were reserved for professionals, not consumers.
Schwarzkopf argued a "practical impossibility", given the small size of the tubes, and explained that it had placed these warnings on the packaging. This solution, it claimed, was the only one to allow for its product to be marketed throughout the Member States, without additional costs.
Schwarkopf markets hair colouring under the name "IGORA Royale", only used in hairdressers. They contain chemical substances for which the European directive demands that they be mentioned in a health warning on the tubes. For one, "an allergic reaction may be caused. Trials of sensitivity advised. Diaminophenol content. Not to use for the colouring of eyelashes or eyelids." For the other, "can cause an allergic reaction. Contains resorcine. Rinse hair well after use. Not to use for the colouring of eyelashes or eyelids. Rinse eyes immediately if the product comes into contact with the latter." the manufacturer had written in eight languages, plus in Arab: "Reserved for professionals. Beware: turn to the method of use and warnings".
For the Fifth Chamber of the Court, chaired by Antonio La Pergola, the directive on cosmetics aims to reconcile free movement of cosmetic and that of health protection products. "It is important that usage precautions are brought to the notice of hairdressers and other professional users so as to ensure the protection of their own health and that of their customers," he states.
The ZBUW, Central for combating unfair competition, had taken the firm to court to have the marketing of the product banned as long as complete warnings were not on the tubes. The Central lost in first instance and won on appeal. Scwartkopf appealed to the Bundesrichthof. Before ruling, the latter asked the Court if companies were allowed not to have an shortened mention on tubes, given the "practical impossibility" of including texts in nine languages.
In his conclusions, Advocate General Jean Micho had not named the rival manufacturer, Oreal, but had indirectly provided it with a good mark. "We have in our hands a hair colouring reserved for professionals and sold by the name "Majirel HT". It has on its packaging and tubes, in French, English and Spanish, the following warning: "Contains: diaminotoluene, resorcine, ammonia. Wear appropriate gloves, preferably single-use. Rinse well after application. May cause allergic reactions. Sensitiveness tests; see notice. Rinse eye immediately of the product comes into contact with them. Conform to the warning". And stipulates that "this tube contains 50 ml whereas that of Schwarzkopf contains 60 ml".
(Orial thus divided the single market with its language to comply with the European market: Ed).
Taxes on dark and blond cigarettes in France
Advocate General Siegbert Alber proposes that the Court of Justice condemns the French tax system which taxes blond cigarettes more than "brown ones". For Siegbert Alber, France is said to have explicitly recognised that the differentiated levels aimed at taxing brown cigarettes less, because the latter have a market situation more difficult than the blond ones.
Community law prohibiting differentiated taxes of two similar products, remains, he stipulates, to decide whether the brown and blond cigarettes can be substituted, thus similar. "the mere observation that probably no smoker would become a non-smoker should one of the two categories of products no longer be on sale already demonstrates that they can be substituted.", "smokers of brown cigarettes are ageing" and consumers of blond ones are younger, but there is nothing to say that this demographic gap may be explained by the characteristics of the two types of cigarettes, says Mr. Alber.
Limits to the freedom of expression of officials
Citing Kant, advocate General Ruiz-Jarabo Colomer, declared that "the fact of publicly making use of one's intelligence has also to be recognised of officials". Damaso Ruiz-Jarabo, proposes that the Court of Justice reject the Commission's appeal which had refused a official Michael Cwik the authorisation to publish a text of a lecture he gave in 1997 in Cordua, at the 5th international conference on economic culture. The text had first been regarded as "not being very economic" by his hierarchical superior, then that it could place the Community's interests at stake.
Michael Cwik had disputed the Commission refusal to publish his text before the Court of First Instance. The fourth chamber of the Court of first Instance, presided over by Judge Tilli had annulled the Commission's decision. The latter then appealed to the Court to annul the Court of First Instance's decision. The Advocate General proposes that the Court reject this appeal.
Worth noting that the maxim is: To officials, the military, preachers, the right must be recognised to use their intelligence openly. As scientist, and a s member of civil humanity, there is unlimited freedom to use one's reason, to speak in person, to make proposals to improve the organisation of the State and Church to which one belongs. It is taken from Kant's work "What is the philosophy of light" published in 1784. It is well-known in European circles since Advocate General Mancini used it in a case in 1984.
Worth noting that the Cwik case differs from the famous Connolly case, in that the latter published the book without asking approval, whereas Cwik had done saw without securing it.