Judgment of the Court (Third Chamber) of 7 June 2007 (reference for a preliminary ruling from the Tribunale ordinario di Novara — Italy) — Carp Snc di L. Moleri e V. Corsi, Associazione Nazionale Artigiani Legno e Arredamenti v Ecorad Srl

(Case C-80/06) (1)

(Directive 89/106/EC - Construction products - Procedure for attestation of conformity - Commission Decision 1999/93/EC - Horizontal direct effect - No such effect)

(2007/C 170/12)

Language of the case: Italian

Referring court

Tribunale ordinario di Novara

Parties to the main proceedings

Applicant: Carp Snc di L. Moleri e V. Corsi, Associazione Nazionale Artigiani Legno e Arredamenti

Defendant: Ecorad Srl

Re:

Reference for a preliminary ruling — Tribunale ordinario di Novara — Interpretation of Articles 2 and 3 of Commission Decision 1999/93/EC of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards doors, windows, shutters, blinds, gates and related building hardware (OJ 1999 L 29, p. 51), and of Annexes II and III thereto — Manufacture of doors fitted with panic bars by fitters who have not complied with the attestation procedure laid down by the decision — Exclusion?

Operative part of the judgment

An individual cannot rely, in the context of legal proceedings against another individual concerning contractual liability, on the infringement by the latter of Articles 2 and 3 of Commission Decision 1999/93/EC of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards doors, windows, shutters, blinds, gates and related building hardware, and of Annexes II and III thereto.

(1)  OJ C 131, 3.6.2006.