Court of Justice, Eighth Chamber

23 March 2023 Case C‑653/21,

(Syndicat Uniclima v Minister for the Interior)

Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public

Article 3(2) of Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment, read in conjunction with point 31 of Article 2 and the first subparagraph of Article 5(1) of Directive 2014/68,

must be interpreted as precluding national legislation which, in order to protect the health and safety of persons against risks of fire in premises open to the public, imposes on pressure equipment and assemblies using flammable refrigerants, requirements which do not appear among the essential safety requirements laid down by that directive, for the purposes of the making available on the market or the putting into service of such equipment and assemblies, even though they bear the CE marking.

categoria:European Case Law