EN Official Journal of the European Union C 346/3

Judgment of the Court (Third Chamber) of 21 October 2010 (reference for a preliminary ruling from the Rechtbank ’s-Gravenhage (Netherlands)) — Latchways plc, Eurosafe Solutions BV v Kedge Safety Systems BV, Consolidated Nederland BV

(Case C-185/08) (1)

(Directive 89/106/EEC - Construction products - Directive 89/686/EEC - Personal protective equipment - Decision 93/465/EEC - CE marking - Anchor devices for protection against falls from a height when working on roofs - Standard EN 795)

2010/C 346/05

Language of the case: Dutch

Referring court

Rechtbank ’s-Gravenhage

Parties to the main proceedings

Applicants: Latchways plc, Eurosafe Solutions BV

Defendants: Kedge Safety Systems BV, Consolidated Nederland BV

Re:

Reference for a preliminary ruling — Rechtbank ’s-Gravenhage — Interpretation of 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), Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ 1989 L 399, p. 18) and the Council Decision of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives (OJ 1993 L 220, p. 23) — Permanent anchor devices for protection from falls from a height in the construction industry — European standard EN 795

Operative part of the judgment

1. The provisions of EN 795 relating to Class A 1 anchor devices are not covered by Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003; they do not, therefore, fall within the framework of European Union law and, accordingly, it is not within the jurisdiction of the Court of Justice to interpret them.

2. Anchor devices, such as those at issue in the main proceedings, which are not intended to be held or worn by their user are not covered by Directive 89/686, as amended by Regulation No 1882/2003, either in themselves or on account of the fact that they are intended to be connected to personal protective equipment.

3. Anchor devices, such as those at issue in the main proceedings, which are part of the construction work to which they are secured in order to ensure the safety in use or in the functioning (operation) of the roof of that work are covered by 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, as amended by Regulation No 1882/2003.

4. Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives, precludes the option of affixing the CE marking to a product that does not fall within the scope of the directive under which it is affixed, even if that product satisfies the technical requirements defined by that directive.

(1) OJ C 197, 2.8.2008.