Judgment — ECLI:EU:C:2009:718
Date: 2009-11-19
Language of the case: Swedish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Harmonised product sectors and families
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment Approximation of laws – Medical devices – Directive 93/42 (Council Directive 93/42, as amended by European Parliament and Council Regulation No 1882/2003, Arts 4(1) and 17) Article 4(1) of Directive 93/42 concerning medical devices, as amended by Regulation No 1882/2003, must be interpreted as precluding legislation of a Member State under which the commercial exportation of dental amalgams containing mercury and bearing the ‘CE’ marking provided for in Article 17 of that directive is prohibited on grounds relating to protection of the environment and of health. (see para. 33, operative part)