# C_2016279EN.01000601.xml

| 1.8.2016 | EN | Official Journal of the European Union | C 279/6 |
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1.8.2016

EN

Official Journal of the European Union

C 279/6

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Order of the Court (Eight Chamber) of 21 April 2016 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Beca Engineering Srl v Ministero dell’Interno

(Case C-285/15) (1)

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((Reference for a preliminary ruling - Article 99 of the Court’s Rules of Procedure - Free movement of goods - Directive 89/106/EEC - Construction products - Chimney linings - National legislation requiring chimneys to be made exclusively with non-combustible materials))

(2016/C 279/09)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicant: Beca Engineering Srl

Applicant:

Defendant: Ministero dell’Interno

Defendant:

Operative part of the order

Operative part of the order

| 1. | The compatibility with EU law of national legislation requiring chimneys in civil heating systems to be constructed using incombustible materials, such as those at issue in the main proceedings, is not to be assessed in the light of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003. |
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1.

The compatibility with EU law of national legislation requiring chimneys in civil heating systems to be constructed using incombustible materials, such as those at issue in the main proceedings, is not to be assessed in the light of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003.

| 2. | On a proper construction 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 and rules concerning services of the information society, as amended by Directive 98/48/EC of the European Parliament and of the Council of 22 June 1998, such national legislation must be treated as a technical rule within the meaning of Article 1(3) and (11) of that directive, and for want of notification to the European Commission by the Member State concerned, in accordance with Article 8 of that directive, as amended, that national legislation is inapplicable, which individuals may rely upon before the national courts. |
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2.

On a proper construction 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 and rules concerning services of the information society, as amended by Directive 98/48/EC of the European Parliament and of the Council of 22 June 1998, such national legislation must be treated as a technical rule within the meaning of Article 1(3) and (11) of that directive, and for want of notification to the European Commission by the Member State concerned, in accordance with Article 8 of that directive, as amended, that national legislation is inapplicable, which individuals may rely upon before the national courts.

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(1)  OJ C 302, 14.9.2015.

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