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Case C-142/05: Judgment of the Court (Second Chamber) of 4 June 2009 (reference for a preliminary ruling from the Luleå tingsrätt (Sweden)) — Åklagaren v Percy Mickelsson, Joakim Roos (Directive 94/25/EC — Approximation of laws — Recreational craft — Prohibition of using personal watercraft on waters other than general navigable waterways — Articles 28 EC and 30 EC — Measures having equivalent effect — Access to the market — Impediment — Protection of the environment — Proportionality)
ECLI:EU:UNKNOWN:62005CA0142
62005CA0142
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Official Journal of the European Union
C 180/2
(Case C-142/05)
(Directive 94/25/EC - Approximation of laws - Recreational craft - Prohibition of using personal watercraft on waters other than general navigable waterways - Articles 28 EC and 30 EC - Measures having equivalent effect - Access to the market - Impediment - Protection of the environment - Proportionality)
2009/C 180/02
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Åklagaren
Defendant: Percy Mickelsson, Joakim Roos
Re:
Reference for a preliminary ruling — Luleå tingsrätt — Interpretation of Articles 28 to 30 EC and of Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ 2003 L 214, p. 18) — Prohibition of using personal watercraft on waters other than general navigable waterways
Operative part of the judgment
Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, as amended by Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003, does not preclude national regulations which, for reasons relating to the protection of the environment, prohibit the use of personal watercraft on waters other than designated waterways.
Articles 28 EC and 30 EC do not preclude such national regulations provided that:
—the competent national authorities are required to adopt the implementing measures provided for in order to designate waters other than general navigable waterways on which personal watercraft may be used;
—those authorities have actually made use of the power conferred on them in that regard and designated the waters which satisfy the conditions laid down in the national regulations, and
—such measures have been adopted within a reasonable period after the entry into force of those regulations.
It is for the national court to ascertain whether those conditions have been satisfied in the main proceedings.
(<span class="super">1</span>) OJ C 143, 11.06.2005.