Court of Justice, Third Chamber

9 March 2023, Case C‑604/21

(Vapo Atlantic SA v Entidade Nacional para o Setor Energético E.P.E.; intervening parties: Fundo Ambiental; Fundo de Eficiência Energética (FEE))

Reference for a preliminary ruling – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Directive 98/34/EC – Article 1(4) – Concept of ‘other requirements’ – Article 1(11) – Concept of ‘technical regulation’ – Article 8(1) – Obligation on the Member States to notify the European Commission of any draft technical regulation – National provision providing for the incorporation of a certain percentage of biofuels into motor fuels – Third indent of Article 10(1) – Concept of ‘safeguard clause provided for in a binding EU act’ – Second subparagraph of Article 4(1) of Directive 2009/30/EC not included

1. Article 1(4) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Council Directive 2006/96/EC of 20 November 2006,

must be interpreted as meaning that a national law which sets a target for the incorporation of 10% of biofuels into motor fuels released for consumption by an economic operator in a given year is covered by the concept of ‘other requirements’ within the meaning of Article 1(4) of Directive 98/34, as amended, and thus constitutes a ‘technical regulation’ within the meaning of Article 1(11) of Directive 98/34, as amended, which can be enforced against individuals only if its draft has been notified in accordance with Article 8(1) of Directive 98/34, as amended.

2. Article 8(1) of Directive 98/34, as amended by Directive 2006/96,

must be interpreted as meaning that a national law which is intended to transpose Article 7a(2) of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC, as amended by Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009, in a manner consistent with the objective set out in Article 3(4) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, is not capable of constituting a mere transposition of the full text of a European standard for the purposes of Article 8(1) of Directive 98/34, as amended, and, therefore, of not being subject to the obligation to notify laid down by that provision.

3. The second subparagraph of Article 4(1) of Directive 2009/30

must be interpreted as meaning that that provision does not constitute a safeguard clause provided for in a binding EU act, within the meaning of the third indent of Article 10(1) of Directive 98/34, as amended by Directive 2006/96.

categoria:European Case Law