# C_2005271EN.01000701.xml

| 29.10.2005 | EN | Official Journal of the European Union | C 271/7 |
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29.10.2005

EN

Official Journal of the European Union

C 271/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 8 September 2005

in Case C-40/04: (Reference for a preliminary ruling from the Korkein oikeus) Syuichi Yonemoto (1)

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(Approximation of laws - Machines - Directive 98/37/EC - Compatibility of national law requiring the importer to verify that machinery accompanied by an EC declaration of conformity is safe)

(2005/C 271/12)

Language of the case: Finnish

In Case C-40/04: reference for a preliminary ruling under Article 234 EC from the Korkein oikeus ((Finland), made by order of 30 January 2004, received at the Court on 3 February 2004, in the criminal proceedings against Syuichi Yonemoto — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues (Rapporteur), E. Juhász and M. Ilešič, Judges; L.A. Geelhoed, Advocate General, K. Sztranc, Administrator, for the Registrar, gave a judgment on 8 September 2005, the operative part of which is as follows:

Syuichi Yonemoto

| 1. | Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery precludes the application of national provisions which require the importer in a Member State of a machine manufactured in another Member State, bearing the CE marking and accompanied by an EC declaration of conformity, to ensure that that machinery meets the essential health and safety requirements laid down by that directive. |
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1.

Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery precludes the application of national provisions which require the importer in a Member State of a machine manufactured in another Member State, bearing the CE marking and accompanied by an EC declaration of conformity, to ensure that that machinery meets the essential health and safety requirements laid down by that directive.

| 2. | That directive does not preclude the application of national provisions which require the importer in a Member State of a machine manufactured in another Member State to:






  — | ensure, before the machinery is delivered to the user, that it bears the CE marking and is accompanied by the EC declaration of conformity translated into the language or one of the languages of the Member State into which the machinery is imported, and instructions translated into the language or languages of that State; |
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2.

That directive does not preclude the application of national provisions which require the importer in a Member State of a machine manufactured in another Member State to:

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ensure, before the machinery is delivered to the user, that it bears the CE marking and is accompanied by the EC declaration of conformity translated into the language or one of the languages of the Member State into which the machinery is imported, and instructions translated into the language or languages of that State;

| — | provide, after the machinery has been delivered to the user, all appropriate information and cooperation to the national inspection authorities if it transpires that that machinery poses risks to safety or health, provided that such requirements do not amount to making the importer subject to the obligation to verify himself that the machinery complies with the essential health and safety requirements laid down by that directive. |
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provide, after the machinery has been delivered to the user, all appropriate information and cooperation to the national inspection authorities if it transpires that that machinery poses risks to safety or health, provided that such requirements do not amount to making the importer subject to the obligation to verify himself that the machinery complies with the essential health and safety requirements laid down by that directive.

| 3. | Article 10 EC and the third paragraph of Article 249 EC must be interpreted as not precluding a Member State from imposing criminal penalties to ensure compliance with the obligations laid down by Directive 98/37, provided that those penalties are analogous to those applicable to infringements of national law of a similar nature and importance and are, in any event, effective, proportionate and deterrent. |
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3.

Article 10 EC and the third paragraph of Article 249 EC must be interpreted as not precluding a Member State from imposing criminal penalties to ensure compliance with the obligations laid down by Directive 98/37, provided that those penalties are analogous to those applicable to infringements of national law of a similar nature and importance and are, in any event, effective, proportionate and deterrent.

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(1)  OJ C 85, 03.04.2004.

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