4.11.2019

Official Journal of the European Union

C 372/28

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(Case C-688/19 P)

(2019/C 372/30)

Language of the case: German

Parties

Appellant: Federal Republic of Germany (represented by: J. Möller and R. Kanitz, acting as Agents, and by M. Winkelmüller, F. van Schewick and M. Kottmann, Rechtsanwälte)

Other party: European Commission

Form of order sought

The appellant claims that the Court should:

—set aside the judgment of the General Court of the European Union delivered on 9 July 2019 in Case T-53/18, Germany v Commission;

—annul Commission Decision (EU) 2017/1995 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 13341:2005 + A1:2011 on ‘Static thermoplastic tanks for above-ground storage of domestic heating oils, kerosene and diesel fuels’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council; (1)

—annul Commission Decision (EU) 2017/1996 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 12285-2:2005 on ‘Workshop fabricated steel tanks’ in accordance with Regulation No 305/2011; (2)

—in the alternative to (2) and (3), respectively, refer the case back to the General Court;

—order the Commission to pay the costs of the proceedings.

Grounds of appeal and main arguments

In support of the appeal, the appellant relies on two grounds:

First, the judgment under appeal infringes Article 18(2), in conjunction with Article 17(5), of Regulation No 305/2011. (3) The General Court disregarded the fact that those provisions both empowered and required the Commission to adopt one of the measures suggested by the Federal Republic of Germany.

Second, the judgment under appeal infringes Article 18(2), in conjunction with Article 3(1) and (2) and Article 17(3), of Regulation No 305/2011. The General Court disregarded the fact that those provisions required the Commission to examine whether the standards at issue jeopardise compliance with the basic requirements for construction works.

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(1) OJ 2017 L 288, p. 36.

(2) OJ 2017 L 288, p. 39.

(3) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ 2011 L 88, p. 5).