# C_2017231EN.01000701.xml

| 17.7.2017 | EN | Official Journal of the European Union | C 231/7 |
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17.7.2017

EN

Official Journal of the European Union

C 231/7

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 13 April 2017 — Cobra SpA v Ministero dello Sviluppo Economico

(Case C-192/17)

(2017/C 231/09)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Appellant: Cobra SpA

Appellant:

Respondent: Ministero dello Sviluppo Economico

Respondent:

Questions referred

Questions referred

| 1. | Should Directive 1999/5/EC (1) be interpreted as meaning that a manufacturer who makes use of the procedure provided for in the second paragraph of Annex III, and when there are harmonised standards defining the essential radio test suites to be carried out, must consult a notified body and thus ensure that the CE marking (certifying compliance with the essential requirements set out in that directive) is accompanied by the identification number of that notified body? |
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1.

Should Directive 1999/5/EC (1) be interpreted as meaning that a manufacturer who makes use of the procedure provided for in the second paragraph of Annex III, and when there are harmonised standards defining the essential radio test suites to be carried out, must consult a notified body and thus ensure that the CE marking (certifying compliance with the essential requirements set out in that directive) is accompanied by the identification number of that notified body?

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| 2. | If the answer to Question 1 is in the affirmative, in the event that a manufacturer, having made use of the procedure referred to in the second paragraph of Annex III, and when there are harmonised standards defining the essential radio test suites to be carried out, has nonetheless voluntarily consulted a notified body, asking it to confirm the list of tests mentioned above, must that manufacturer ensure that the CE marking certifying compliance with the essential requirements set out in Directive 1999/5/EC is accompanied by the identification number of that notified body? |
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2.

If the answer to Question 1 is in the affirmative, in the event that a manufacturer, having made use of the procedure referred to in the second paragraph of Annex III, and when there are harmonised standards defining the essential radio test suites to be carried out, has nonetheless voluntarily consulted a notified body, asking it to confirm the list of tests mentioned above, must that manufacturer ensure that the CE marking certifying compliance with the essential requirements set out in Directive 1999/5/EC is accompanied by the identification number of that notified body?

| 3. | If the answer to Question 2 is in the affirmative, in the event that a manufacturer, having made use of the procedure referred to in the second paragraph of Annex III, and when there are harmonised standards defining the essential radio test suites to be carried out, has nonetheless subsequently voluntarily consulted a notified body, asking it to confirm the list of tests mentioned above, and has voluntarily ensured that the product is accompanied by the identification number of the body consulted, must that manufacturer also quote that body’s identification number on both the product and its packaging? |
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3.

If the answer to Question 2 is in the affirmative, in the event that a manufacturer, having made use of the procedure referred to in the second paragraph of Annex III, and when there are harmonised standards defining the essential radio test suites to be carried out, has nonetheless subsequently voluntarily consulted a notified body, asking it to confirm the list of tests mentioned above, and has voluntarily ensured that the product is accompanied by the identification number of the body consulted, must that manufacturer also quote that body’s identification number on both the product and its packaging?

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(1)  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 (OJ 1999 L 91, p. 10).

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