Source: All England Reporter
Publisher Citation: [2003] All ER (D) 85 (May)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Puissochet (President), Schintgen, Skouris, Macken and Cunha Rodrigues (Rapporteur)

Judgment Dates: 8 May 2003

Catchwords

European Communities - Free movement of goods - Application of Directives to alarm systems and networks - Compatibility with Directives of domestic law requiring prior approval of imported alarms - Application to goods not covered by Community harmonisation measures - Council Directive 73/23/EEC (on the harmonisation of laws relating to electrical equipment designed for use within certain voltage limits (as amended)) - Council Directive 89/336/EEC (on the approximation of laws relating to electromagnetic compatibility (as amended)) - Parliament Directive 1999/5/EC (on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity).

The Case

On their true construction, (i)Council Directive 73-23-EEC (on the harmonisation of laws relating to electrical equipment designed for use within certain voltage limits (as amended)); (ii)Council Directive89-336-EEC (on the approximation of laws relating to electromagnetic compatibility (as amended)); and (iii)Parliament Directive1999-5-EC (on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity) were applicable to alarm systems and networks, in particular those that used radio transmission. They precluded national provisions that made the marketing of such systems that satisfied the requirements of the directives and bore the appropriate 'CE' marking subject to a prior approval procedure. Articles28 and 30 EC, on their true construction, required that even in the absence of harmonising Community measures, products lawfully produced and marketed in a member state had to be able to be marketed in another member state without being subject to additional controls, unless those controls came within one of the recognised exceptions to the free movement of goods.

Practice Areas

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