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Case T-349/21: Judgment of the General Court of 13 September 2023 — Germany v Commission (Approximation of laws — Directive 95/16/EC — Directive 2014/33/EU — Safeguard clause — National measure prohibiting the placing on the market of a lift model — Essential health and safety requirements — Commission decision declaring the measure to be unjustified — Manifest error of assessment)
ECLI:EU:UNKNOWN:62021TA0349
62021TA0349
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Official Journal of the European Union
Series C
C/2023/515
(Case T-349/21) (<span class="oj-super oj-note-tag">1</span>)
(Approximation of laws - Directive 95/16/EC - Directive 2014/33/EU - Safeguard clause - National measure prohibiting the placing on the market of a lift model - Essential health and safety requirements - Commission decision declaring the measure to be unjustified - Manifest error of assessment)
(C/2023/515)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz and N. Scheffel, acting as Agents)
Defendant: European Commission (represented by: P. Ondrůšek and R. Pethke, acting as Agents)
Intervener in support of the defendant: Kingdom of Spain (represented by: I. Herranz Elizalde, acting as Agent)
Re:
By its action under Article 263 TFEU, the Federal Republic of Germany seeks the annulment of Commission Decision (EU) 2021/534 of 24 March 2021 determining under Article 39(1) of Directive 2014/33/EU of the European Parliament and of the Council whether a measure taken by Germany to prohibit the placing on the market of a lift model manufactured by Orona is justified or not (OJ 2021 L 106, p. 60).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Kingdom of Spain to bear its own costs.
Language of the case: German.
ELI: http://data.europa.eu/eli/C/2023/515/oj
ISSN 1977-091X (electronic edition)
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