Official Journal of the European Union

C 379/3

(Case C-385/10)(Free movement of goods - Quantitative restrictions and measures having equivalent effect - Internal liners in flues and chimney pipes - Lack of CE conformity marking - Marketing precluded)

2012/C 379/04

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Elenca Srl

Defendant: Ministero dell’Interno

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Articles 2, 4(2), 5 and 6 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 (OJ 1989 L 40, p. 12) — Products not covered by harmonised standards as provided for in the directive — National rules that preclude the marketing of plastic internal flue or chimney pipe linings not bearing EC marking

Operative part of the judgment

1.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 (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as precluding national provisions which automatically make the marketing of construction products, such as those at issue in the main proceedings, originating from another Member State, subject to the affixing of CE marking.

2.Articles 34 TFEU to 37 TFEU must be interpreted as precluding national provisions which automatically make the marketing of construction products, such as those at issue in the main proceedings, originating from another Member State, subject to the affixing of CE marking.

Language of the case: Italian

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ECLI:EU:C:2012:140

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Language of the case: Italian