9.1.2017   

EN

Official Journal of the European Union

C 6/16


Judgment of the Court (Third Chamber) of 27 October 2016 — European Commission v Federal Republic of Germany

(Case C-220/15) (1)

((Failure of a Member State to fulfil obligations - Free movement of goods - Directive 2007/23/EC - Placing on the market of pyrotechnic articles - Article 6 - Free movement of pyrotechnical articles compliant with the requirements of Directive 2007/23/EC - National rules making the placing on the market of pyrotechnic articles subject to additional requirements - Obligation to make a prior notification before a national body entitled to review and modify instructions for use of pyrotechnic articles))

(2017/C 006/19)

Language of the case: German

Parties

Applicant: European Commission (represented by: D. Kukovec and A. C. Becker, acting as Agents, assisted by B. Wägenbaur, Rechtsanwalt)

Defendant: Federal Republic of Germany (represented by: T. Henze, J. Möller and K. Petersen, acting as Agents)

Operative part of the judgment

The Court:

1.

Declares that, by providing, over and above the requirements of Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles, and notwithstanding a previous conformity assessment of pyrotechnic articles, that (i) those articles are to be subject to the procedure laid down in Paragraph 6(4) of the Erste Verordnung zum Sprengstoffgesetz (First Regulation relating to the Law on Explosives), as amended by the Law of 25 July 2013, before being placed on the market; and that (ii) pursuant to that paragraph, the Bundesanstalt für Materialforschung und-prüfung (Federal Institute for Materials Research and Testing, Germany) is to have the power to review and, where required, to modify their instructions for use, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(1) of Directive 2007/23/EC;

2.

Orders the Federal Republic of Germany to pay the costs.


(1)  OJ C 228, 13.7.2015.