Case C-171/11

Fra.bo SpA

v

Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW) — Technisch-Wissenschaftlicher Verein

(Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf)

‛Free movement of goods — Measures having equivalent effect to a quantitative restriction — National certification procedure — Presumption of compliance with national law — Applicability of Article 28 EC to a private-law certification body’

Summary of the Judgment

Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Scope — Presumption of compliance with national law — Standardisation and certification activities of a private-law body — Included

(Art. 28 EC)

Article 28 EC must be interpreted as meaning that it applies to standardisation and certification activities of a private-law body, where the national legislation considers the products certified by that body to be compliant with national law and that has the effect of restricting the marketing of products which are not certified by that body. That is the case where the body offers the only possibility for obtaining a compliance certificate for certain products and, by virtue of its authority to certify the products, holds the power to regulate the entry into the market of those products.

(see paras 28, 31, 32, operative part)

Case C-171/11

Fra.bo SpA

v

Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW) — Technisch-Wissenschaftlicher Verein

(Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf)

‛Free movement of goods — Measures having equivalent effect to a quantitative restriction — National certification procedure — Presumption of compliance with national law — Applicability of Article 28 EC to a private-law certification body’

Summary of the Judgment

Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Scope — Presumption of compliance with national law — Standardisation and certification activities of a private-law body — Included

(Art. 28 EC)

Article 28 EC must be interpreted as meaning that it applies to standardisation and certification activities of a private-law body, where the national legislation considers the products certified by that body to be compliant with national law and that has the effect of restricting the marketing of products which are not certified by that body. That is the case where the body offers the only possibility for obtaining a compliance certificate for certain products and, by virtue of its authority to certify the products, holds the power to regulate the entry into the market of those products.

(see paras 28, 31, 32, operative part)