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Case C-499/20: Judgment of the Court (Ninth Chamber) of 10 February 2022 (request for a preliminary ruling from the Symvoulio tis Epikrateias — Greece) — DIMCO Dimovasili M.I.K.E. v Ypourgos Perivallontos kai Energeias (Reference for a preliminary ruling — Approximation of laws — Directive 97/23/EC — Pressure equipment — CE marking — Placing on the market and putting into service — Restrictions aimed at ensuring the protection of persons — Articles 34 and 36 TFEU — National legislation imposing restrictions on the method of installation of gas pipes)
ECLI:EU:UNKNOWN:62020CA0499
62020CA0499
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Official Journal of the European Union
C 148/5
(Case C-499/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Approximation of laws - Directive 97/23/EC - Pressure equipment - CE marking - Placing on the market and putting into service - Restrictions aimed at ensuring the protection of persons - Articles 34 and 36 TFEU - National legislation imposing restrictions on the method of installation of gas pipes)
(2022/C 148/06)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: DIMCO Dimovasili M.I.K.E.
Defendant: Ypourgos Perivallontos kai Energeias
Operative part of the judgment
Article 4(1)(1.1) of, and Annex I to, Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, read in conjunction with Article 2(2) of Directive 97/23, must be interpreted as not precluding national legislation which, in order to ensure the safety of persons, in particular against earthquakes, lays down certain methods of installation for pressure equipment, such as pipes for the transport of gas, including those with the CE marking, provided that that legislation does not lead to any modification of that equipment and does not constitute an obstacle prohibited by Articles 34 and 36 TFEU.
(1) OJ C 433, 14.12.2020.
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Language of the case: Greek