Removal from the register of Case C-228/02
Date: 2004-01-24
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, application of EU law, consumer protection, distance selling

24.1.2004

EN

Official Journal of the European Union

C 21/29

Pleas in law and main arguments

Removal from the register of Case C-135/02 (1)

Various provisions adopted by several German Länder (con-
forming to the Federal Model Form of a Furnace Regulation of
24 February 1995) are, in the Commission’s view, incompat-
ible with Directive 90/396/EEC on gas-fuelled appliances.
Those provisions relate to:

— gas boilers with a thermal output of more than 50 kw,

which may be installed only in separate rooms;

— certain gas boilers which must be equipped with a
safety device which prevents the concentration of carbon
monoxide in the air from exceeding 30 ppm; and

— gas boilers which must be equipped with a device which,
in certain circumstances, closes off the gas supply.

This gives rise to an impediment to the placing on the
market in the Länder concerned of appliances satisfying the
requirements of the Directive because, in those Länder, matters
already governed by the Directive, such as the installation of
appliances only in rooms which do not constitute living space,
protection from the release of unburned gas, risk of explosion,
etc., are subject to additional regulation by national provisions.

The Federal Republic of Germany takes the view that, having
regard to the public safety of persons and the protection of life
and health of persons against general risks posed by fuel-
burning installations, the Member States are competent to
increase as appropriate the safety levels of such fuel-burning
installations on the basis of national building regulations. The
Commission rejects that line of argument, pointing out that,
in accordance with the ‘New Approach’ concept, the Directive
contains a comprehensive set of rules on the matters covered
by it so that the adoption of additional national provisions
governing that area no longer comes into question.

(1) OJ 1990 L 196, p. 15.

(2004/C 21/54)

By order of 30 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-135/02: Commission of the
European Communities v Federal Republic of Germany.

(1) OJ C 131 of 1.6.2002.

Removal from the register of Case C-142/02 (1)

(2004/C 21/55)

By order of 15 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-142/02: Commission of the
European Communities v Grand Duchy of Luxembourg.

(1) OJ C 131 of 1.6.2002.

Removal from the register of Case C-228/02 (1)

(2004/C 21/56)

By order of 17 September 2003 the President of the Second
Chamber of the Court of Justice of the European Communities
ordered the removal from the register of Case C-228/02:
Commission of the European Communities v Grand Duchy of
Luxembourg.

(1) OJ C 180 of 27.7.2002.

Removal from the register of Joined Cases C-157/01 P
and C-169/01 P (1)

Removal from the register of Case C-229/02 (1)

(2004/C 21/53)

(2004/C 21/57)

By order of 17 July 2003 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Joined Cases C-157/01 P and C-169/01 P: Federal
Republic of Germany v RAG Aktiengesellschaft and UK Coal
v Commission of the European Communities.

By order of 18 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-229/02 (Reference for a preliminary
ruling by the Bundesvergabeamt): Tenderer: debis/AC and
Others v Hauptverband der österreichischen Sozialversi-
cherungsträger.

(1) OJ C 200 of 14.7.2001, OJ C 168 of 30.6.2001.

(1) OJ C 219 of 14.9.2002.