Judgment — ECLI:EU:C:2004:544
Date: 2004-09-16
Language of the case: French
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws
Concepts: Dangerous substances
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment Approximation of laws – Restrictions on the marketing and use of dangerous substances – Directive 76/769, as amended by Directive 94/60 – Derogation for ‘artists’ paints’ – Application to siccatives – Excluded (Council Directives 76/769, Annex I, point 31(e), as amended by Directive 94/60, and 88/379) The provisions of Community law relating to restrictions on the placing on the market of dangerous substances or preparations, in particular the provisions of Directive 76/769 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, as amended by Directive 94/60, prohibit the placing on the market for sale to the general public of siccatives containing lead compounds classified as toxic for reproductive purposes. In particular, the derogation from the restrictions on placing on the market laid down in point 31(e) of Annex I to Directive 76/769 for ‘artists’ paints’ covered by Directive 88/379 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations cannot be applied to those products, since that derogation cannot be extended to products such as siccatives which lack colouring properties. (see paras 32, 34, operative part)