This document is an excerpt from the EUR-Lex website
Document 62017TN0229
Case T-229/17: Action brought on 19 April 2017 — Germany v Commission
Case T-229/17: Action brought on 19 April 2017 — Germany v Commission
Case T-229/17: Action brought on 19 April 2017 — Germany v Commission
IO C 195, 19.6.2017, p. 37–38
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.6.2017 |
EN |
Official Journal of the European Union |
C 195/37 |
Action brought on 19 April 2017 — Germany v Commission
(Case T-229/17)
(2017/C 195/50)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents, and by M. Winkelmüller, F. van Schewick and M. Kottmann, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul Commission Decision (EU) 2017/133 of 25 January 2017 on the maintenance with a restriction in the Official Journal of the European Union of the reference of harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ 2017 L 21, p. 113), |
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annul Commission Decision (EU) 2017/145 of 25 January 2017 on the maintenance with a restriction in the Official Journal of the European Union of the reference of harmonised standard EN 14904:2006 ‘Surfaces for sports areas — Indoor surfaces for multi-sports use: Specification’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ 2017 L 22, p. 62), |
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annul the Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ 2017 C 76, p. 32), in so far as it relates to harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’, |
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annul the Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ 2017 C 76, p. 32), in so far as it relates to harmonised standard EN 14904:2006 ‘Surfaces for sports areas — Indoor surfaces for multi-sports use: Specification’; and |
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order the Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. |
First plea in law, alleging failure to comply with essential procedural requirements The Federal Republic of Germany submits that the Commission infringed essential procedural rules laid down in Article 18 of Regulation (EU) No 305/2011 (1) when it adopted the contested decisions. The Commission failed to refer the matter to the Committee established under Article 5 of Directive 98/34/EC, (2) the envisaged consultation of the relevant European standardisation body is flawed and the decisions were not taken ‘in the light of the opinion’ of the Committee established under Article 5 of that directive. |
2. |
Second plea in law, alleging failure to comply with the obligation to state reasons By its second plea, the applicant claims that the contested decisions fail to comply with the obligation to state reasons laid down in the second paragraph of Article 296 TFEU, since they do not take a position on the question which is central to Article 18(1) of Regulation (EU) No 305/2011, namely whether the relevant harmonised standards are consistent with the corresponding mandate and ensure compliance with the basic requirements for buildings. It follows that neither the Federal Republic of Germany nor the General Court is able to assess the essential legal and factual grounds on which the Commission relied. |
3. |
Third plea in law, alleging infringement of Regulation (EU) No 305/2011 Furthermore, the applicant claims that the contested decisions and communications infringe the substantive provisions of Regulation (EU) No 305/2011.
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(1) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ 2011 L 88, p. 5).
(2) Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 217, p. 18).