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Case T-337/13: Judgment of the General Court of 15 July 2015 — CSF v Commission (Approximation of the laws — Directive 2006/42/EC — Machinery bearing the ‘EC’ marking — Essential safety requirements — Risks to the safety of persons — Safeguard clause — Commission decision declaring a national measure prohibiting the placing on the market to be justified — Conditions governing the implementation of the safeguard clause — Manifest error of assessment — Equal treatment)
ECLI:EU:UNKNOWN:62013TA0337
62013TA0337
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14.9.2015
Official Journal of the European Union
C 302/48
(Case T-337/13) (1)
((Approximation of the laws - Directive 2006/42/EC - Machinery bearing the ‘EC’ marking - Essential safety requirements - Risks to the safety of persons - Safeguard clause - Commission decision declaring a national measure prohibiting the placing on the market to be justified - Conditions governing the implementation of the safeguard clause - Manifest error of assessment - Equal treatment))
(2015/C 302/61)
Language of the case: Italian
Parties
Applicant: CSF Srl (Grumolo delle Abbadesse, Italy) (represented by: R. Santoro, S. Armellini and R. Bugaro, lawyers)
Defendant: European Commission (represented by: G. Zavvos, acting as Agent, and M. Pappalardo, lawyer)
Intervener in support of the defendant: Kingdom of Denmark (represented by: initially V. Pasternak Jørgensen and M. Wolff, then M. Wolff, C. Thorning, U. Melgaard and N. Lyshøj, acting as Agents)
Re:
Application for annulment of Commission Decision 2013/173/EU of 8 April 2013 on a measure taken by Denmark according to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting a type of multi-purpose earthmoving machinery (OJ 2013 L 101, p. 29).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CSF Srl to bear its own costs and those incurred by the European Commission in the context of the present action and the proceedings for interim relief;
3.Orders the Kingdom of Denmark to bear its own costs.
(1) OJ C 233, 10.8.2013.