CELEX: 62014CN0525
Language: en
Date: 2014-11-20 00:00:00
Title: Case C-525/14: Action brought on 20 November 2014  — European Commission v Czech Republic

9.2.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/23
            
         Action brought on 20 November 2014 — European Commission v Czech Republic
   (Case C-525/14)
   (2015/C 046/30)
   Language of the case: Czech
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Němečková and G. Wilms, acting as Agents)
   
      Defendant: Czech Republic
   
      Form of order sought
   
   
               —
            
            
               declare that, by failing to recognise certain Netherlands hallmarks, in particular hallmarks of Waarborg Holland, the Czech Republic has failed to fulfil its obligations under Article 34 of the Treaty on the Functioning of the European Union;
            
         
               —
            
            
               order the Czech Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   
               1.
            
            
               By failing to recognise certain Netherlands hallmarks, the Czech Republic is restricting the free movement of precious metals marked with those hallmarks and of objects produced from those metals.
            
         
               2.
            
            
               Even if precious metal is hallmarked by a branch of a Netherlands hallmarking office in a third State, such products should be treated in the same way as goods originating in the European Union, in view of the fact that the precious metals are hallmarked in accordance with the Netherlands rules and are definitively released into free circulation.
            
         
               3.
            
            
               The Czech Republic has not shown that the possible restriction of the free movement of goods is appropriate for ensuring achievement of the consumer protection objective pursued and does not go beyond what is necessary for achieving it.