Keywords
Summary

Keywords

1. Approximation of laws — Electrical equipment designed for use within certain voltage limits Directive 73/23 — Electromagnetic compatibility — Directive 89/336 — Radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity — Directive 1999/5 — Complete harmonisation — National provisions making the placing on the market of alarm systems and networks, despite their conformity with the directive, subject to a prior approval procedure — Not permissible — (Directive of the European Parliament and of the Council 1999/5, Arts 6 and 8; Council Directives 73/23, Art. 3, and 89/336, Art. 5)

2. Free movement of goods — Quantitative restrictions — Measures having equivalent effect — National legislation imposing additional controls on goods lawfully manufactured and marketed in another Member State — Justification — Conditions and limits — (Arts 28 EC and 30 EC)

Summary

1. It is clear from the wording and the objective of Directive 73/23 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, of Directive 89/336 on the approximation of the laws of the Member States relating to electromagnetic compatibility, and of Directive 1999/5 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, that they each pursue complete harmonisation in their respective fields of application. It follows that, in the fields covered by those directives, the Member States must conform to them in their entirety and cannot maintain national provisions to the contrary.

Thus Article 3 of Directive 73/23, Article 5 of Directive 89/336 and Articles 6 and 8 of Directive 1999/5 preclude national provisions which make subject to a prior approval procedure the placing on the market of alarm systems and networks, in particular those using radio transmission, which satisfy the requirements of those directives and which bear the appropriate CE marking.

see paras 44-45, 60, operative part 1-2

2. Articles 28 EC and 30 EC must be interpreted as meaning that, even in the absence of harmonising Community measures, products lawfully produced and marketed in one Member State must be able to be marketed in another Member State without being subject to additional controls. In order to be justified, national legislation imposing such controls must be covered by one of the exceptions provided for in Article 30 EC or one of the overriding requirements recognised by the case-law of the Court and, in either case, must be appropriate for securing the attainment of that objective and not go beyond what is necessary in order to attain it. It is for the Member State which claims to have a reason justifying a restriction on the free movement of goods to demonstrate specifically the existence of a reason relating to the public interest, the necessity for the restriction in question and that the restriction is proportionate in relation to the objective pursued.

see paras 65, 69, operative part 3-4