Information;Judgment — ECLI:EU:T:2023:539
Date: 2023-09-13
Language of the case: German
Court formation: Third Chamber
Subject matter: Free movement of goods;Approximation of laws
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Third Chamber) of 13 September 2023 – Germany v Commission (Case T‑349/21) (1) (Approximation of laws – Directive 95/16/EC – Directive 2014/33/EU – Safeguard clause – National measure prohibiting the placing on the market of a lift model – Essential health and safety requirements – Commission decision declaring the measure to be unjustified – Manifest error of assessment) 1. Approximation of laws – Lifts – Directive 2014/33 – Placing on the market – Member State using the safeguard clause in case of health or safety risk – Measure prohibiting the placing on the market of a lift model – Objections raised against that measure – No presumption of justification of the measure (European Parliament and Council Directive 2014/33, Art. 38(7); Commission Decision 2021/534) (see paragraphs 33, 37-39) 2. Approximation of laws – Lifts – Directive 2014/33 – Placing on the market – Member State using the safeguard clause in case of health or safety risk – Measure prohibiting the placing on the market of a lift model – Objections raised against that measure – Obligation of the national surveillance authority to inform the Commission and the other Member States of that measure – No formal requirements (European Parliament and Council Directive 2014/33, Art. 38(4), third subpara. and (5); Commission Decision 2021/534) (see paragraphs 40-42) 3. Approximation of laws – Lifts – Directive 2014/33 – Placing on the market – Member State using the safeguard clause in case of health or safety risk – Measure prohibiting the placing on the market of a lift model – Objections raised against that measure – Concept – Commission declaration confirming the need to have recourse to an independent expert to assess whether that measure is justified – Included (European Parliament and Council Directive 95/16, Art. 7(1); Commission Decision 2021/534) (see paragraph 43) 4. Judicial proceedings – Proof – Probative value – Discretion of the General Court (Rules of Procedure of the General Court, Art. 85) (see paragraph 46) 5. Approximation of laws – Lifts – Directive 95/16 – Placing on the market – Essential health and safety requirements – Lift subject to a conformity assessment procedure – Presumption of conformity with those requirements – Not obligatory (European Parliament and Council Directive 95/16, Arts 4, 5(1) and (2), and 8(2), and Annexes I and V; Commission Decision 2021/534) (see paragraphs 58-62, 82, 92) 6. Approximation of laws – Lifts – Directive 95/16 – Placing on the market – Member State using the safeguard clause in case of health or safety risk – Measure prohibiting the placing on the market of a lift model – Examination by the Commission whether that measure is justified – Judicial review – Scope (European Parliament and Council Directive 95/16, Art. 7(1); Commission Decision 2021/534) (see paragraphs 63-66, 100) 7. Approximation of laws – Lifts – Directive 95/16 – Placing on the market – Member State using the safeguard clause in case of health or safety risk – Measure prohibiting the placing on the market of a lift model – Obligation to justify the merits – Burden of proof (European Parliament and Council Directive 95/16; Commission Decision 2021/534) (see paragraphs 83, 103, 139) Operative part The Court: 1. Dismisses the action; 2. Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission; 3. Orders the Kingdom of Spain to bear its own costs. 1 OJ C 338, 23.8.2021.