Latchways and Eurosafe Solutions (Approximation of laws) French Text [2010] EUECJ C-185/08 (28 April 2010)

Latchways and Eurosafe Solutions (Approximation of laws) French Text [2010] EUECJ C-185/08 (28 April 2010)

Anchorage devices of class A1 under EN 795 fall within Directive 89/106/EEC if intended for permanent incorporation in construction works, but do not fall under Directive 89/686/EEC as personal protective equipment. CE marking is only permitted if the product is within the scope of the relevant directive and has...

Source-derived case information.

Parties
Applicant: Latchways plc; Applicant: Eurosafe Solutions BV; Respondent: Kedge Safety Systems BV; Respondent: Consolidated Nederlands BV
Jurisdiction
European Union
Judgment Date
28 April 2010
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Anchorage devices of class A1 under EN 795 are covered by Directive 89/106/EEC if permanently incorporated; not covered by Directive 89/686/EEC; CE marking only allowed if directive applies.
Legal Topics
Directive 89/106/eec, Directive 89/686/eec, CE Marking, Construction Products, Personal Protective Equipment, EN 795 Standard
European Union Law Product Safety Law Directive 89/106/eec Directive 89/686/eec CE Marking Construction Products Personal Protective Equipment EN 795 Standard

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Parties

Latchways plc

Applicant

Eurosafe Solutions BV

Applicant

Kedge Safety Systems BV

Respondent

Consolidated Nederlands BV

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

Legal Issues

  1. 1 Whether anchorage devices of class A1 under EN 795 fall exclusively under Directive 89/106/EEC
  2. 2 Whether such devices fall under Directive 89/686/EEC
  3. 3 Conditions for CE marking of anchorage devices

Ratio Decidendi

Anchorage devices of class A1 under EN 795 fall within Directive 89/106/EEC if intended for permanent incorporation in construction works, but do not fall under Directive 89/686/EEC as personal protective equipment. CE marking is only permitted if the product is within the scope of the relevant directive and has undergone conformity assessment. EN 795 is not a harmonised standard for class A1 devices under Directive 89/686/EEC.

Court Disposition

Anchorage devices of class A1 under EN 795 are covered by Directive 89/106/EEC if permanently incorporated; not covered by Directive 89/686/EEC; CE marking only allowed if directive applies.