Judgment of the Court (First Chamber) of 8 September 2005 in Case C-40/04: (Reference for a preliminary ruling from the Korkein oikeus) Syuichi Yonemoto (Approximation of laws — Machines — Directive 98/37/EC — Compatibility of national law requiring the importer to verify that machinery accompanied by an EC declaration of conformity is safe)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: approximation of laws, interpretation of the law, machinery, product safety, safety standard

29.10.2005

EN

Official Journal of the European Union

C 271/7

JUDGMENT OF THE COURT

(First Chamber)

of 8 September 2005

in Case C-40/04: (Reference for a preliminary ruling from
the Korkein oikeus) Syuichi Yonemoto (1)

risks to safety or health, provided that such requirements do
not amount to making the importer subject to the obligation
to verify himself that the machinery complies with the essential
health and safety requirements laid down by that directive.

3. Article 10 EC and the third paragraph of Article 249 EC must be
interpreted as not precluding a Member State from imposing crim-
inal penalties to ensure compliance with the obligations laid down
by Directive 98/37, provided that those penalties are analogous to
those applicable to infringements of national
law of a similar
nature and importance and are,
in any event, effective, propor-
tionate and deterrent.

(Approximation of laws — Machines — Directive 98/37/EC
— Compatibility of national law requiring the importer to
verify that machinery accompanied by an EC declaration of
conformity is safe)

(1) OJ C 85, 03.04.2004.

(2005/C 271/12)

(Language of the case: Finnish)

In Case C-40/04: reference for a preliminary ruling under
Article 234 EC from the Korkein oikeus ((Finland), made by
order of 30 January 2004, received at the Court on 3 February
2004, in the criminal proceedings against Syuichi Yonemoto
— the Court (First Chamber), composed of P. Jann, President of
the Chamber, K. Lenaerts, J.N. Cunha Rodrigues (Rapporteur),
E.
Judges; L.A. Geelhoed, Advocate
General, K. Sztranc, Administrator, for the Registrar, gave a
judgment on 8 September 2005, the operative part of which is
as follows:

Juhász and M.

Ilešič,

1. Directive 98/37/EC of

the European Parliament and of

the
Council of 22 June 1998 on the approximation of the laws of the
Member States relating to machinery precludes the application of
national provisions which require the importer in a Member State
of a machine manufactured in another Member State, bearing the
CE marking and accompanied by an EC declaration of conformity,
to ensure that that machinery meets the essential health and safety
requirements laid down by that directive.

2. That directive does not preclude the application of national provi-
sions which require the importer in a Member State of a machine
manufactured in another Member State to:

JUDGMENT OF THE COURT

(First Chamber)

of 15 September 2005

in Case C-58/04 Reference for a preliminary ruling from
the Bundesfinanzhof: Antje Köhler v Finanzamt Düssel-
dorf-Nord (1)

(Sixth VAT Directive — Place of taxable transactions —
Supplies of goods effected on board cruise ships — Transport
effected within the Community — Exclusion of tax where a
stop is made in a third territory — Scope of the exclusion)

(2005/C 271/13)

(Language of the case: German)

— ensure, before the machinery is delivered to the user, that it
bears the CE marking and is accompanied by the EC declara-
tion of conformity translated into the language or one of the
languages of the Member State into which the machinery is
imported, and instructions translated into the language or
languages of that State;

— provide, after the machinery has been delivered to the user, all
appropriate
information and cooperation to the national
inspection authorities if it transpires that that machinery poses

In Case C-58/04: reference for a preliminary ruling under
Article 234 EC from the Bundesfinanzhof (Germany), made by
decision of 23 October 2003, received at the Court on 11
February 2004, in the proceedings pending before that court
between Antje Köhler and Finanzamt Düsseldorf-Nord — the
Court (First Chamber) composed of P. Jann, President of the
Chamber, N. Colneric, K. Schiemann, E. Juhász and E. Levits,
Judges; M. Poiares Maduro, Advocate General, M. Ferreira, Prin-
cipal Administrator, gave a judgment on 15 September 2005,
the operative part of which is as follows: