CSF v Commission (Judgment) French Text [2015] EUECJ T-337/13 (15 July 2015)

CSF v Commission (Judgment) French Text [2015] EUECJ T-337/13 (15 July 2015)

The Tribunal held that the Commission correctly interpreted and applied Directive 2006/42/EC. The Danish prohibition was justified because the Multione S630, although CE-marked, could reasonably foreseeably be used in ways exposing users to falling objects, and the lack of a protective structure posed a real risk....

Source-derived case information.

Citation
[2015] EUECJ T-337/13
Parties
Applicant: CSF Srl; Respondent: Commission européenne; Intervener: Royaume de Danemark
Jurisdiction
European Union
Judgment Date
15 July 2015
Procedural Posture
Annulment Action (eu Law) / Final Judgment
Outcome
application dismissed
Legal Topics
Directive 2006/42/ec (machinery Directive), CE Marking, Essential Safety Requirements, Safeguard Clause, Market Prohibition, Presumption of Conformity, Free Movement of Goods, Equality of Treatment
European Union Law Product Safety Law Administrative Law Directive 2006/42/ec (machinery Directive) CE Marking Essential Safety Requirements Safeguard Clause Market Prohibition +3 more

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Summary, issues, holding and outcome

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Parties

CSF Srl

Applicant

Commission européenne

Respondent

Royaume de Danemark

Intervener

Procedural Posture

Annulment Action (eu Law) / Final Judgment

  1. 1 Whether the Commission's decision upholding Denmark's market prohibition of the Multione S630 machine was justified under Directive 2006/42/EC Article 11
  2. 2 Whether the safeguard clause was correctly applied to a CE-marked machine
  3. 3 Whether the manufacturer's rights to free movement and presumption of conformity were violated

Ratio Decidendi

The Tribunal held that the Commission correctly interpreted and applied Directive 2006/42/EC. The Danish prohibition was justified because the Multione S630, although CE-marked, could reasonably foreseeably be used in ways exposing users to falling objects, and the lack of a protective structure posed a real risk. The manufacturer's obligation is to eliminate or reduce such risks at the design stage, not merely to warn users. The safeguard clause was properly invoked, and the presumption of conformity did not preclude the prohibition. No unequal treatment or manifest error was found.

Court Disposition

application dismissed

Orders

  • The application for annulment is dismissed.
  • CSF Srl is ordered to pay the costs.