Opinion of the Advocate General — ECLI:EU:C:2005:466
Date: 2005-07-14
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Approximation of laws – Restrictions on the marketing and use of certain dangerous substances and preparations – Directive 91/338 – Prohibition against marketing products with a cadmium content in excess of the authorised maximum amount – Application to toys covered by Directive 88/378 – Whether permissible (Council Directives 91/338, Art. 1, and 88/378) The second sentence of Article 1 of Directive 91/338 amending for the 10th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations is to be interpreted as meaning that it does not preclude the prohibition in that Directive of the marketing of products with a cadmium content in excess of an authorised maximum amount from applying to toys covered by Directive 88/378 on the approximation of the laws of the Member States concerning the safety of toys. (see para. 29, operative part)