EN

Official Journal of the European Union

C 114/29

(Case C-100/13)

2013/C 114/45

Language of the case: German

Parties

Applicant: European Commission (represented by: G. Wilms and G. Zavvos, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The European Commission claims that the Court should:

—declare that, in so far as the German authorities use the construction products lists to demand additional approvals for effective market access and the use of construction products, instead of incorporating the required assessment methods and criteria within the framework of the harmonised European standards, the defendant has failed to fulfil its obligations under 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, (1) and, in particular, under Article 4(2) and Article 6(1) thereof;

—order the defendant to pay the costs.

Pleas in law and main arguments

The defendant has failed to fulfil its obligations under Articles 4 and 6 of Directive 89/106/EEC. The use of construction products lists has the result that additional, prior approvals are demanded for effective market access and the use of construction products. Many cases do not concern possible requirements with regard to new characteristics. Rather, requirements which were already established before harmonisation, and which could have and should have been covered by incorporation of the required assessment methods and criteria within the harmonised framework, are adhered to.

(1) OJ 1989 L 40, p. 12.