Yonemoto (Free movement of goods) [2005] EUECJ C-40/04 (08 September 2005)

Yonemoto (Free movement of goods) [2005] EUECJ C-40/04 (08 September 2005)

Directive 98/37/EC precludes national provisions requiring importers of CE-marked machinery from another Member State to ensure the machinery meets essential health and safety requirements; importers' obligations are limited to translation, marking verification, and cooperation with authorities, not technical conformity checks. Criminal penalties for breach are permitted if effective, proportionate, and analogous to those for similar national law breaches.

Citation
[2005] EUECJ C-40/04
Parties
Appellant/defendant: Mr Yonemoto; Importer/company Represented by Mr Yonemoto: Ama-Prom Oy; Purchaser/employer: Peltitarvike Oy; Injured Party/employee: Mr Raine Pöyry; Foreman/employee: Mr Urpo Pursiainen
Jurisdiction
European Union
Judgment Date
08 September 2005
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Court of Justice of the European Union (cjeu) Preliminary Ruling on Questions From National Supreme Court
Outcome
Preliminary ruling issued; national law precluded insofar as it imposes technical conformity obligations on importers of CE-marked machinery from another Member State; translation, marking, and cooperation obligations permitted; criminal penalties for breach allowed if proportionate and analogous.
Legal Topics
Interpretation of Directive 98/37/ec, Obligations of Importers Under EU Machinery Directive, Free Movement of Goods (articles 28 and 30 Ec), National Criminal and Civil Liability for Product Safety, Translation and Marking Requirements for Machinery
European Union Law Product Safety Law Criminal Law Tort Law Interpretation of Directive 98/37/ec Obligations of Importers Under EU Machinery Directive Free Movement of Goods (articles 28 and 30 Ec) National Criminal and Civil Liability for Product Safety +1 more

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Parties

Mr Yonemoto

Appellant/defendant

Ama-Prom Oy

Importer/company Represented by Mr Yonemoto

Peltitarvike Oy

Purchaser/employer

Mr Raine Pöyry

Injured Party/employee

Mr Urpo Pursiainen

Foreman/employee

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Court of Justice of the European Union (cjeu) Preliminary Ruling on Questions From National Supreme Court

Legal Issues

  1. 1 Whether Directive 98/37/EC precludes national law from imposing on importers the obligation to ensure machinery meets essential health and safety requirements when CE marked and accompanied by an EC declaration of conformity
  2. 2 What obligations may be imposed on importers regarding translation, marking, and cooperation with authorities
  3. 3 Whether national criminal penalties for breach of such obligations are compatible with EU law

Ratio Decidendi

Directive 98/37/EC precludes national provisions requiring importers of CE-marked machinery from another Member State to ensure the machinery meets essential health and safety requirements; importers' obligations are limited to translation, marking verification, and cooperation with authorities, not technical conformity checks. Criminal penalties for breach are permitted if effective, proportionate, and analogous to those for similar national law breaches.

Court Disposition

Preliminary ruling issued; national law precluded insofar as it imposes technical conformity obligations on importers of CE-marked machinery from another Member State; translation, marking, and cooperation obligations permitted; criminal penalties for breach allowed if proportionate and analogous.

Orders

  • Directive 98/37/EC precludes national provisions requiring importers to ensure technical conformity of CE-marked machinery from another Member State.
  • Directive 98/37/EC allows national provisions requiring importers to ensure translation of instructions and EC declaration, verify CE marking, and cooperate with authorities, provided these do not amount to technical conformity checks.