# C_2022037EN.01001502.xml

| 24.1.2022 | EN | Official Journal of the European Union | C 37/15 |
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24.1.2022

EN

Official Journal of the European Union

C 37/15

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 27 October 2021 — Syndicat Uniclima v Ministre de l’Intérieur

(Case C-653/21)

(2022/C 37/21)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Syndicat Uniclima

Defendant: Ministre de l’Intérieur

Questions referred

| 1. | Does the harmonisation required by Directive 2006/42/EC, (1) Directive 2014/35/EU (2) and Directive 2014/68/EU (3) permit Member States to lay down safety requirements for the equipment governed by those directives, and if so under what conditions and within what limits, where those requirements do not entail any modification of equipment that is, as attested by the affixing of the ‘CE marking’, in conformity with the requirements of those directives? |
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1.

Does the harmonisation required by Directive 2006/42/EC, (1) Directive 2014/35/EU (2) and Directive 2014/68/EU (3) permit Member States to lay down safety requirements for the equipment governed by those directives, and if so under what conditions and within what limits, where those requirements do not entail any modification of equipment that is, as attested by the affixing of the ‘CE marking’, in conformity with the requirements of those directives?

| 2. | Does the harmonisation required by them permit Member States to lay down, solely for use of that equipment in premises open to the public and in the light of specific fire safety risks, safety requirements which may entail the modification of equipment that, as attested by the affixing of the ‘CE marking’, is nevertheless in conformity with the requirements of those directives? |
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2.

Does the harmonisation required by them permit Member States to lay down, solely for use of that equipment in premises open to the public and in the light of specific fire safety risks, safety requirements which may entail the modification of equipment that, as attested by the affixing of the ‘CE marking’, is nevertheless in conformity with the requirements of those directives?

| 3. | If the preceding question is answered in the negative, can it be answered in the affirmative if the safety requirements in question apply only where that equipment uses flammable refrigerants as alternatives to fluorinated greenhouse gases, in accordance with the objectives set out in Regulation No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases, (4) and, in addition, relate only to equipment which, although in conformity with the requirements of those directives, does not, having regard to the fire risk from the use of flammable refrigerants, offer the protection of being hermetically sealed? |
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3.

If the preceding question is answered in the negative, can it be answered in the affirmative if the safety requirements in question apply only where that equipment uses flammable refrigerants as alternatives to fluorinated greenhouse gases, in accordance with the objectives set out in Regulation No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases, (4) and, in addition, relate only to equipment which, although in conformity with the requirements of those directives, does not, having regard to the fire risk from the use of flammable refrigerants, offer the protection of being hermetically sealed?

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(1)  Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ 2006 L 157, p. 24).

(2)  Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ 2014 L 96, p. 357).

(3)  Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ 2014 L 189, p. 164).

(4)  Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ 2014 L 150, p. 195).

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