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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Netherlands v Commission (Approximation of laws) [2007] EUECJ T-234/04 (08 November 2007) URL: https://www.bailii.org/eu/cases/EUECJ/2007/T23404.html Cite as: [2007] EUECJ T-234/04, [2007] EUECJ T-234/4 |
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(Action for annulment Decision 2004/01/EC Dangerous substances Authorisation by the Commission required to maintain notified national provisions Position adopted by the Commission on the extent of harmonisation Challengeable act Inadmissibility)
In Case T-234/04,
Kingdom of the Netherlands, represented by H. Sevenster, J. van Bakel and M. de Grave, acting as Agents,
applicant,
supported by
Kingdom of Denmark, represented by J. Molde, acting as Agent,
intervener,
Commission of the European Communities, represented by F. Simonetti and M. van Beek, acting as Agents,
defendant,
ACTION for annulment of Commission Decision 2004/1/EC of 16 December 2003 concerning national provisions on the use of short-chain chlorinated paraffins notified by the Kingdom of the Netherlands under Article 95(4) [EC] (OJ 2004 L 1, p. 20), in so far as, in that decision, the Commission takes the view that its approval under Article 95(6) EC is required for the maintenance of Netherlands legislation on the uses of short-chain chlorinated paraffins to which no reference is made in Directive 2002/45/EC of the European Parliament and of the Council of 25 June 2002 amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins) (OJ 2002 L 177, p. 21),
composed of M. Vilaras, President, M.E. Martins Ribeiro, F. Dehousse, D. Šváby and K. Jürimäe, Judges,
Registrar: C. Kristensen, Administrator,
having regard to the written procedure and further to the hearing on 7 September 2006,
gives the following
Legal framework
International provisions
Community provisions
'4. If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.
...
6. The Commission shall, within six months of the notifications as referred to in [paragraph] 4 ... , approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.
In the absence of a decision by the Commission within this period the national provisions referred to in [paragraph] 4 ... shall be deemed to have been approved.
When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months.'
in metalworking,
for fat liquoring of leather'.
National provisions
(a) as plasticisers in paints, coatings or sealants;
(b) in metal-working fluids;
(c) as flame-retardant in rubber, plastics or textiles.
Background
'Pursuant [to] Article 95(6), third subparagraph, of the Treaty, the period referred to in the first subparagraph of the said Article to approve or reject the national provisions on SCCPs notified by [the Kingdom of] the Netherlands on 21 January 2003 pursuant to Article 95(4) is extended until 20 December 2003.'
'Article 1
The national provisions on SCCPs notified by [the Kingdom of] the Netherlands on 21 January 2003 pursuant to Article 95(4) [EC] are approved in so far as they do not apply to the use of SCCPs as constituents of other substances and preparations in concentrations lower than 1% intended for use as:
plasticisers in paints, coatings or sealants,
flame retardants in rubber or textiles.
Article 2
This decision shall apply until 31 December 2006.
Article 3
This Decision is addressed to the Kingdom of the Netherlands.'
Procedure
Forms of order sought by the parties
annul the contested decision in so far as, in that decision, the Commission takes the view that its approval under Article 95(6) EC is required for the maintenance of Netherlands legislation on the uses of SCCPs to which no reference is made in the SCCPs Directive;
order the Commission to pay the costs.
dismiss the action as inadmissible;
order the Kingdom of the Netherlands to pay the costs.
Law
Arguments of the parties
Findings of the Court
Costs
On those grounds,
hereby:
1. Dismisses the action as inadmissible;
2. Orders the Kingdom of the Netherlands to bear its own costs and to pay those incurred by the Commission;
3. Orders the Kingdom of Denmark to bear its own costs.
Vilaras |
Martins Ribeiro |
Dehousse |
Šváby |
Jürimäe |
Delivered in open court in Luxembourg on 8 November 2007.
E. Coulon |
M. Vilaras |
Registrar |
President |
* Language of the case: Dutch.