22.12.2014

Official Journal of the European Union

C 462/5

(Case C-100/13) (<span class="super">1</span>)

((Failure of a Member State to fulfil obligations - Free movement of goods - Rules of a Member State requiring that certain construction products bearing the ‘CE’ conformity marking conform to additional national standards - Lists of construction rules (‘Bauregellisten’)))

(2014/C 462/08)

Language of the case: German

Parties

Applicant: European Commission (represented by: G. Wilms and G. Zavvos, acting as Agents)

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

Operative part of the judgment

The Court:

1.Declares that, by imposing, through lists of construction rules referred to in the Construction Codes established by the Länder, on construction products covered by the harmonisation measures EN 681-2:2000, ‘Elastomeric Seals — Materials requirements for pipe joint seals used in water and drainage applications — Part 2: Thermoplastic elastomers’, EN 13162:2008, ‘Thermal insulation products for buildings — Factory made mineral wool (MW) products — Specification’ and EN 13241-1, ‘Industrial, commercial and garage doors and gates — Product standard — Part 1: Products without fire resistance or smoke control characteristics’, and bearing the ‘CE’ marking, additional requirements for effective market access of those products and their use on German territory, the Federal Republic of Germany has failed to fulfil its obligations under Articles 4(2) and 6(1) of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, as amended by Regulation No 1882/2003 of the European Parliament and of the Council of 29 September 2003;

2.Orders the Federal Republic of Germany to pay the costs.

(<span class="super">1</span>) OJ C 114, 20.4.2013.