Opinion of the Advocate General — ECLI:EU:C:2015:346
Date: 2015-05-21
Language of the case: Hungarian
Subject matter: Free movement of goods;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Hungary

Summary — Judgment of the Court (First Chamber), 15 October 2015 1. Questions referred for a preliminary ruling — Admissibility — Limits — Clearly irrelevant questions and hypothetical questions put in a context not permitting a useful answer (Art. 267 TFEU) 2. Approximation of laws — Fuels — Directive 98/70 — Introduction of a national technical specification imposing additional quality requirements — Objective of consumer protection — Lawfulness (European Parliament and Council Directive 98/70, as amended by Regulation No 1882/2003, Art. 4(1) and (5)) 3. Approximation of laws — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Obligation to notify — Scope (Arts 34 TFEU and 36 TFEU; European Parliament and Council Directive 98/34, as amended by Directive 2006/96, Art. 8) 4. Approximation of laws — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Standard — Definition — National standard corresponding to a European standard — Included — Obligation to make the national standard available in the official language of the Member State concerned — No such obligation (European Parliament and Council Directive 98/34, as amended by Directive 2006/96, Arts 1(6) and (11) and 8(1)) 1. See the text of the decision. (see para. 26) 2. Articles 4(1) and 5 of Directive 98/70 relating to the quality of petrol and diesel fuels, as amended by Regulation No 1882/2003, must be interpreted as not precluding 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 one relating to the flash point of diesel fuel, 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. Directive 98/70 does not have the objective of harmonising all the quality requirements or technical specifications that could apply to the fuels covered or, consequently, of prohibiting the Member States from providing for restrictions or derogations in that regard, but rather is aimed only at fuel technical specifications that have an environmental impact in the sense of that directive, namely, those which are based on environmental and health considerations. With regard to the specification of the flash point of diesel fuel, it is clear that that specification primarily serves to ensure the safety of diesel fuel as a product and is also important for the performance and protection of motor vehicle engines. Establishing the flash point is thus also intended to protect consumers against damage being caused to their vehicles. (see paras 38, 39, 44, operative part 1) 3. Where a technical specification does not fall within a field harmonised by EU law, a Member State may subject the placing on the market in its territory of a product not covered by technical specifications harmonised or recognised at EU level to requirements which comply with obligations under the FEU Treaty, in particular, the principle of the free movement of goods set out in Articles 34 TFEU and 36 TFEU. In that regard, in accordance with Article 8 of Directive 98/34 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 Directive 2006/96, Member States must, in order to allow preventive control under the provisions on the free movement of goods and, in particular, in relation to the justification of the obstacles that could be created in that regard, communicate to the Commission before their entry into force the draft provisions by which technical specifications are given binding effect. (see paras 42, 43) 4. Article 1(6) and (11) of Directive 98/34 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 Directive 2006/96, must be interpreted as meaning that a Member State is not precluded from making mandatory a national standard which provides for a threshold value for the flash point of diesel fuels and which is aimed at transposing EU law. According to the wording of the first subparagraph of Article 8(1) of Directive 98/34, a European or international standard may be made mandatory by a Member State by transposing it in a technical regulation that has, by definition, binding force. There is no reason to suppose that matters would be different as regards a national standard, in particular where it corresponds to a European standard. Moreover, in the absence of any indication to that effect in Directive 98/34, it cannot be inferred from Article 1(6) of the same directive that a standard, within the meaning of that provision, available in the English language must be made available in the language of the Member State concerned. In that regard, Article 1(6) of Directive 98/34 must be interpreted as not requiring a national standard within the meaning of that provision to be made available in the official language of the Member State concerned. (see paras 45, 48, 49, 53, 54, operative part 2 and 3)