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The background to the dispute is set out in paragraphs 5 to 13 of the first judgment under appeal, in the following terms: ‘5 On 12 November 1997, the European Commission gave a mandate to the European Committee for Standardisation [(CEN)], under reference M/119, concerning the development of harmonised standards on floorings. Those standards were to include a series of essential characteristics, such as reaction to fire, water tightness, breaking strength, and emission of asbestos, formaldehyde and pentachlorophenol. Mandate M/119 was issued pursuant to [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 (OJ 1989 L 40, p. 12)] and amended by mandate M/137 of 25 July 2000 and by mandate M/119 rev. 1 of 22 June 2010, so as to include the emission of a series of other dangerous substances such as volatile organic compounds (VOCs). 6 Among those standards, harmonised standard EN 14342:2013 “Wood flooring and parquet – Characteristics, evaluation of conformity and marking” contained methods and criteria for assessing performance in relation to a series of essential characteristics. As regards the release of other dangerous substances such as VOCs, Clause 4.4 of harmonised standard EN 14342:2013 provided as follows: “National regulations on dangerous substances may require verification and declaration on release, and sometimes content, of other dangerous substances, in addition to those dealt with in other clauses, when construction products covered by this standard are placed on those markets. In the absence of European harmonised test methods, verification and declaration on release/content should be done taking into account national provisions in the place of use …” 7 Harmonised standard EN 14904:2006 “Indoor surfaces for multi-sports use – Specification” also related to a series of essential characteristics such as friction, durability, reaction to fire, emission of formaldehyde and pentachlorophenol content. In relation to other dangerous substances, Note 1 of Annex ZA.1 to that harmonised standard stated: “In addition to any specific clauses relating to dangerous substances contained in this standard, there may be other requirements applicable to the products falling within its scope. In order to meet the provisions of the EU Construction Products Directive, these requirements need also to be complied with, when and where they apply.” 8 On 21 August 2015, the Federal Republic of Germany raised formal objections with the Commission, pursuant to Article 18 of Regulation No 305/2011, in respect of harmonised standards EN 14342:2013 and EN 14904:2006. 9 The Federal Republic of Germany asserted that the two standards at issue did not entirely satisfy the mandate issued by the Commission, and that the essential characteristics of the construction products had not been laid down in accordance with Article 3(2) of Regulation No 305/2011. It stated that the two standards infringed Article 17(3) of Regulation No 305/2011 and mandate M/119, in that they did not contain harmonised evaluation procedures in relation to the release of other dangerous substances such as VOCs. 10 The Federal Republic of Germany went on to claim that, pending the introduction of harmonised methods of verification concerning the release of other dangerous substances and the emission or content of such substances, the references of the standards should be withdrawn from the Official Journal of the European Union or, in the alternative, should be published with a restriction, such that the disputed clauses of the standards, relating to the release of other dangerous substances, would not be regarded as having been harmonised, and it would be open to Member States to adopt national provisions concerning methods of verification, in the interests of compliance with the basic requirements for construction works as they pertain to health. 11 On 25 January 2017, the Commission adopted [the first contested decisions]. 12 Article 1 of Decision 2017/133 provides: “The reference of harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’ shall be maintained with a restriction. The Commission shall add the following restriction in the list of references of harmonised standards published in the Official Journal of the European Union: ‘Clause 4.4 of standard EN 14342:2013 is excluded from the scope of the reference published’”. 13 Article 1 of Decision 2017/145 provides: “The reference of harmonised standard EN 14904:2006 ‘Surfaces for sport areas – Indoor surfaces for multi-sports use: Specification’ shall be maintained with a restriction. The Commission shall add the following restriction in the list of references of harmonised standards published in the Official Journal of the European Union: ‘Note 1 of Annex ZA.1 to standard EN 14904:2006 is excluded from the scope of the reference published’”.