Judgment — ECLI:EU:C:2005:528
Date: 2005-09-08
Language of the case: Italian
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Information society
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 1. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Technical regulation — Concept — National provision prohibiting the marketing of cotton buds which are not manufactured from biodegradable materials — Whether included (European Parliament and Council Directive 98/34, as amended by Directive 98/48, Art. 1(11)) 2. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Duty of Member States to notify the Commission of any draft technical regulation — Scope — Breach of duty — Obligation on a national court to leave unapplied the provision in question (European Parliament and Council Directive 98/34, as amended by Directive 98/48, Art. 8(1)) 1. Article 1(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 98/48, must be interpreted as meaning that a national legislative provision including a prohibition on the marketing of cotton buds which are not manufactured from biodegradable materials in accordance with a national standard constitutes a technical regulation within the meaning of that Community provision. (see para. 14, operative part 1) 2. The first subparagraph of Article 8(1) 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 98/48, must be interpreted as meaning that a national provision which constitutes a technical regulation within the meaning of Article 1(11) of the directive, such as a prohibition on the marketing of cotton buds which are not manufactured from biodegradable materials in accordance with a national standard, must be notified to the Commission prior to its adoption. If such a notification has not taken place, the national courts may refuse to apply the national legal provision concerned. (see paras 19, 24, operative part 2-3)