Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 11 June 2015 — Beca Engineering Srl v Ministero dell’Interno
(Case C-285/15)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Applicant: Beca Engineering Srl
Defendant: Ministero dell’Interno
Question referred
Does Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, 1 as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, 2 preclude the requirement that flues must ‘be constructed using non-combustible materials’, in accordance with the requirements of Schedule IX to the Fifth Part, Part II, of Legislative Decree No 152 of 3 April, 2006 regarding ‘civil heating systems’, which has not been notified?
____________
1 OJ 1989 L 40, p. 12.
2 Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty (OJ 2003 L 284, p. 1).