# C_2015406EN.01000801.xml

| 7.12.2015 | EN | Official Journal of the European Union | C 406/8 |
| --- | --- | --- | --- |

7.12.2015

EN

Official Journal of the European Union

C 406/8

---

Judgment of the Court (First Chamber) of 15 October 2015 (request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság — Hungary) — György Balázs v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága

(Case C-251/14) (1)

((Reference for a preliminary ruling - Approximation of laws - Quality of diesel fuels - National technical specification imposing additional quality requirements compared to EU law))

(2015/C 406/07)

Language of the case: Hungarian

Referring court

Kecskeméti Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: György Balázs

Defendant: Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága

Operative part of the judgment

| 1. | Articles 4(1) and 5 of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that they do not preclude a Member State from laying down in its national law quality requirements that are additional to the ones contained in that directive for the marketing of diesel fuels, such as that relating to the flash point at issue in the main proceedings, since it does not constitute a technical specification of diesel fuels relating to the protection of health and the environment for the purposes of that directive. |
| --- | --- |

1.

Articles 4(1) and 5 of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that they do not preclude a Member State from laying down in its national law quality requirements that are additional to the ones contained in that directive for the marketing of diesel fuels, such as that relating to the flash point at issue in the main proceedings, since it does not constitute a technical specification of diesel fuels relating to the protection of health and the environment for the purposes of that directive.

| 2. | Article 1(6) and (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 and of rules on Information Society services, as amended by Council Directive 2006/96/EC of 20 November 2006, must be interpreted as meaning that a Member State is not precluded from making a national standard such as Hungarian standard MSZ EN 590:2009 at issue in the main proceedings mandatory. |
| --- | --- |

2.

Article 1(6) and (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 and of rules on Information Society services, as amended by Council Directive 2006/96/EC of 20 November 2006, must be interpreted as meaning that a Member State is not precluded from making a national standard such as Hungarian standard MSZ EN 590:2009 at issue in the main proceedings mandatory.

| 3. | Article 1(6) of Directive 98/34/EC, as amended by Directive 2006/96, must be interpreted as meaning that it does not require a national standard within the meaning of that provision to be made available in the official language of the Member State concerned. |
| --- | --- |

3.

Article 1(6) of Directive 98/34/EC, as amended by Directive 2006/96, must be interpreted as meaning that it does not require a national standard within the meaning of that provision to be made available in the official language of the Member State concerned.

---

(1)  
  OJ C 303, 8.9.2014.

---