# C_2010274EN.01001101.xml

| 9.10.2010 | EN | Official Journal of the European Union | C 274/11 |
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9.10.2010

EN

Official Journal of the European Union

C 274/11

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Reference for a preliminary ruling from the Conseil d’Etat (Belgium) lodged on 19 July 2010 — Scrl Intercommunale Intermosane, ABSL Fédération de l’Industrie et du Gaz (Synergrid) v Belgian State

(Case C-361/10)

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2010/C 274/15

Language of the case: French

Referring court

Referring court

Conseil d’Etat

Parties to the main proceedings

Parties to the main proceedings

Applicants: Scrl Intercommunale Intermosane, ABSL Fédération de l’Industrie et du Gaz (Synergrid)

Applicants:

Defendant: Belgian State

Defendant:

Questions referred

Questions referred

| 1. | Do national regulations such as Articles 8 to 13 of the Royal Decree of 2 June 2008 concerning the minimum safety requirements for certain old electrical installations at places of work, which lay down requirements relating to the carrying out of electrical installations, the design of electrical equipment and forms of protection attached to that equipment in order to ensure the safety of workers, constitute technical regulations within the meaning Article 1(11) 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 (1) and of rules on Information Society services, the drafts of which must be notified in accordance with the first subparagraph of Article 8(1) of the same directive? |
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1.

Do national regulations such as Articles 8 to 13 of the Royal Decree of 2 June 2008 concerning the minimum safety requirements for certain old electrical installations at places of work, which lay down requirements relating to the carrying out of electrical installations, the design of electrical equipment and forms of protection attached to that equipment in order to ensure the safety of workers, constitute technical regulations within the meaning Article 1(11) 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 (1) and of rules on Information Society services, the drafts of which must be notified in accordance with the first subparagraph of Article 8(1) of the same directive?

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| 2. | Are national regulations such as Articles 8 to 13 of the abovementioned Royal Decree of 2 June 2008 measures within the meaning of the final subparagraph of Article 1 of Directive 98/34/EC which the Member States consider necessary for ensuring the protection of persons, in particular workers, when using products and which do not affect the products? |
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2.

Are national regulations such as Articles 8 to 13 of the abovementioned Royal Decree of 2 June 2008 measures within the meaning of the final subparagraph of Article 1 of Directive 98/34/EC which the Member States consider necessary for ensuring the protection of persons, in particular workers, when using products and which do not affect the products?

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(1)  OJ 1998 L 204, p. 37.

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