13.3.2017

Official Journal of the European Union

C 78/25

(Case T-474/15) (<span class="super note-tag">1</span>)

((Protection of the health and safety of consumers and workers - Directive 2006/42/EC - Safeguard clause - National measure of withdrawal from the market and prohibition of placing on the market of a lawn mower - Requirements concerning protective devices - Successive versions of a harmonised standard - Legal certainty - Commission Decision declaring the measure justified - Error of law))

(2017/C 078/33)

Language of the case: Italian

Parties

Applicant: Global Garden Products Italy SpA (GGP Italy) (Castelfranco Veneto, Italy) (represented by: A. Villani, L. D’Amario and M. Caccialanza, lawyers)

Defendant: European Commission (represented initially by G. Braga da Cruz and L. Cappelletti, and subsequently by G. Braga da Cruz and C. Zadra, acting as Agents)

Intervener in support of the defendant: Republic of Latvia (represented by: I. Kalniņš and D. Pelše, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Implementing Decision (EU) 2015/902 of 10 June 2015 on a measure taken by Latvia in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a lawn mower manufactured by GGP Italy SpA (OJ 2015 L 147, p. 22).

Operative part of the judgment

The Court:

1.Annuls Commission Implementing Decision (EU) 2015/902 of 10 June 2015 on a measure taken by Latvia in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a lawnmower manufactured by GGP Italy SpA;

2.Dismisses the action as to the remainder;

3.Orders the European Commission to bear its own costs and to pay those incurred by Global Garden Products Italy SpA (GGP Italy) in the present proceedings and in the interlocutory proceedings;

4.Orders the Republic of Latvia to bear its own costs.

(<span class="super">1</span>) OJ C 328, 5.10.2015.