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The Commission misinterpreted the scope of the vertical distance between the car roof and the well ceiling which harmonised standard EN 81-1 prescribes in its original version and even emphasises in its updated version (EN 81-20). First, the contested decision essentially errs as regards the measurement of the minimum vertical distance. In the Commission’s view, for the assessment of essential health and safety requirements in accordance with Directive 95/16/EC it is, principally, not the vertical distance that is decisive but the volume of the refuge above the car. In addition, the Commission erred in comparing the requirements in respect of refuges and free spaces in the headroom with those in the pit.

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The Commission incorrectly assessed the requirements under Section 2.2, Annex I to Directive 95/16/EC concerning prevention of the risk of crushing by merely referring, in recital 55 of the contested decision, to the failure of the redundant brake as a relevant accident scenario.

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In recitals 55 to 57 of the contested decision, the Commission based its overall assessment on incorrect assumptions concerning the danger and probability of uncontrolled upward movements of the car.

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The Commission based its decision on an incorrect overall comparison derived from the Conformance study.

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In its decision, the Commission did not sufficiently take into account that the declarations of conformity submitted by the manufacturer were substantially incomplete. It is also clear from the recitals that the Commission incorrectly assumes the burden of proof to lie with the market surveillance authorities if, in the case of a deviation from the standard, there is a dispute as to whether the safety requirements would be fulfilled by an alternative, equivalent solution.