Source: All England Reporter
Publisher Citation: [2007] All ER (D) 33 (Jun)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (President of the Chamber), Cunha Rodrigues, Lohmus, O Caoimh and Lindh (Rapporteur),

Judgment Dates: 7 June 2007

Catchwords

European community - Commission - Decision - Construction products - Procedure for attestation of conformity - Whether having horizontal direct effect - Council Directive (EEC) 89/106, art 20(2) - Commission Decision (EC) 1999/93, arts 2, 3, Annexes II, III.

The Case

European community Commission. An individual could not rely, in the context of legal proceedings against another individual concerning contractual liability, on the infringement by the latter of arts2 and 3 of Commission Decision (EC) 1999-93 (relating to the procedure for attesting the conformity of construction products pursuant to art20(2) of Council Directive (EEC) 89-106 as regards doors, windows, shutters, blinds, gates and related building hardware) and of Annexes II and III thereto.

Practice Areas

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