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Case C-288/08: Judgment of the Court (Second Chamber) of 19 November 2009 (reference for a preliminary ruling from the Svea Hovrätt (Sweden)) — Kemikalieinspektionen v Nordiska Dental AB (Reference for a preliminary ruling — Directive 93/42/EEC — Medical devices — Prohibition on the exportation of dental amalgam containing mercury and bearing the CE conformity marking — Protection of health and the environment)
ECLI:EU:UNKNOWN:62008CA0288
62008CA0288
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30.1.2010
Official Journal of the European Union
C 24/8
(Case C-288/08)
(Reference for a preliminary ruling - Directive 93/42/EEC - Medical devices - Prohibition on the exportation of dental amalgam containing mercury and bearing the ‘CE’ conformity marking - Protection of health and the environment)
2010/C 24/12
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Kemikalieinspektionen
Defendant: Nordiska Dental AB
Re:
Reference for a preliminary ruling — Svea Hovrätt — Interpretation of Articles 29 EC and 30 EC and of Article 4(1) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1) — National legislation prohibiting export of dental amalgam containing mercury
Operative part of the judgment
Article 4(1) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, 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 legislation of a Member State, such as the legislation at issue in the main proceedings, under which the commercial exportation of dental amalgams containing mercury and bearing the ‘CE’ marking provided for in Article 17 of that directive is prohibited on grounds relating to protection of the environment and of health.
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(<span class="super">1</span>) OJ C 209, 15.8.2008.