Judgment of the Court (Seventh Chamber) of 9 July 2015 —

Germany v Commission

(Case C‑360/14 P) ( 1 )

‛Appeal — Approximation of laws — Directive 2009/48/EC — Toy safety — Limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys — Commission decision not to approve in full the national provisions notified by the German authorities maintaining the limit values for those substances — Proof of a higher level of protection for human health offered by the national provisions’

1. Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Possibility of the applicant Member State basing its request on an assessment of the public health risk different from that used by the EU legislature — Obligation to establish a higher level of public health protection than the EU harmonisation measure — Duty to comply with the principle of proportionality (Art. 114(4) TFEU) (see paras 33, 34)

2. Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Application seeking maintenance of pre-existing national provisions — Discretion of the Commission — Judicial review — Scope (Art. 114(4) TFEU) (see paras 35-42)

3. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 55, 56, 68)

4. Appeals — Grounds — Inadequate or contradictory grounds — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256(1) TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 81) (see paras 69-71)

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the Federal Republic of Germany to pay the costs.

( 1 ) OJ C 315, 15.9.2014.

Judgment of the Court (Seventh Chamber) of 9 July 2015 —

Germany v Commission

(Case C‑360/14 P) ( 1 )

‛Appeal — Approximation of laws — Directive 2009/48/EC — Toy safety — Limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys — Commission decision not to approve in full the national provisions notified by the German authorities maintaining the limit values for those substances — Proof of a higher level of protection for human health offered by the national provisions’

1. Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Possibility of the applicant Member State basing its request on an assessment of the public health risk different from that used by the EU legislature — Obligation to establish a higher level of public health protection than the EU harmonisation measure — Duty to comply with the principle of proportionality (Art. 114(4) TFEU) (see paras 33, 34)

2. Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Application seeking maintenance of pre-existing national provisions — Discretion of the Commission — Judicial review — Scope (Art. 114(4) TFEU) (see paras 35-42)

3. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 55, 56, 68)

4. Appeals — Grounds — Inadequate or contradictory grounds — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256(1) TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 81) (see paras 69-71)

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the Federal Republic of Germany to pay the costs.

( 1 ) OJ C 315, 15.9.2014.