# C_2018319EN.01001101.xml

| 10.9.2018 | EN | Official Journal of the European Union | C 319/11 |
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10.9.2018

EN

Official Journal of the European Union

C 319/11

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Judgment of the Court (Ninth Chamber) of 11 July 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — COBRA SpA v Ministero dello Sviluppo Economico

(Case C-192/17) (1)

((Reference for a preliminary ruling - Directive 1999/5/EC - Mutual recognition of the conformity of radio equipment and telecommunications terminal equipment - Existence of harmonised standards - Need for the manufacturer to consult a notified body - Affixing of the identification number of a notified body))

(2018/C 319/12)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: COBRA SpA

Defendant: Ministero dello Sviluppo Economico

Operative part of the judgment

| 1. | The second subparagraph of Article 12(1) of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as meaning that, where a manufacturer of radio equipment makes use of the procedure laid down in the second paragraph of Annex III to that directive and uses the harmonised standards in order to define the test suites referred to in that paragraph, he is not required to consult a notified body as referred to in Article 11(1) of that directive and, consequently, is not required to ensure that the CE marking is accompanied by the identification number of that notified body. |
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1.

The second subparagraph of Article 12(1) of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as meaning that, where a manufacturer of radio equipment makes use of the procedure laid down in the second paragraph of Annex III to that directive and uses the harmonised standards in order to define the test suites referred to in that paragraph, he is not required to consult a notified body as referred to in Article 11(1) of that directive and, consequently, is not required to ensure that the CE marking is accompanied by the identification number of that notified body.

| 2. | The second subparagraph of Article 12(1) of Directive 1999/5, as amended by Regulation No 596/2009, must be interpreted as meaning that a manufacturer of radio equipment who has made use of the procedure identified in Annex III to that directive, using the harmonised standards defining the essential radio test suites to be carried out, is not required to ensure that the CE marking is accompanied by the identification number of the notified body that he has voluntarily consulted — despite not being required to do so — in order to confirm the list of essential radio test suites set out in those harmonised standards. |
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2.

The second subparagraph of Article 12(1) of Directive 1999/5, as amended by Regulation No 596/2009, must be interpreted as meaning that a manufacturer of radio equipment who has made use of the procedure identified in Annex III to that directive, using the harmonised standards defining the essential radio test suites to be carried out, is not required to ensure that the CE marking is accompanied by the identification number of the notified body that he has voluntarily consulted — despite not being required to do so — in order to confirm the list of essential radio test suites set out in those harmonised standards.

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(1)  OJ C 231, 17.7.2017.

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