CELEX: C2004/021/53
Language: en
Date: 2004-01-24 00:00:00
Title: Removal from the register of Joined Cases C-157/01 P and C-169/01 P

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)
                                                                                                  (2004/C 21/54)
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-                By order of 30 September 2003 the President of the Court of
ible with Directive 90/396/EEC on gas-fuelled appliances.                 Justice of the European Communities ordered the removal
Those provisions relate to:                                               from the register of Case C-135/02: Commission of the
                                                                          European Communities v Federal Republic of Germany.
—      gas boilers with a thermal output of more than 50 kw,
       which may be installed only in separate rooms;
                                                                          (1) OJ C 131 of 1.6.2002.
—      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,
                                                                                 Removal from the register of Case C-142/02 (1)
       in certain circumstances, closes off the gas supply.
                                                                                                  (2004/C 21/55)
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           By order of 15 September 2003 the President of the Court of
already governed by the Directive, such as the installation of            Justice of the European Communities ordered the removal
appliances only in rooms which do not constitute living space,            from the register of Case C-142/02: Commission of the
protection from the release of unburned gas, risk of explosion,           European Communities v Grand Duchy of Luxembourg.
etc., are subject to additional regulation by national provisions.
                                                                          (1) OJ C 131 of 1.6.2002.
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                   Removal from the register of Case C-228/02 (1)
installations on the basis of national building regulations. The
Commission rejects that line of argument, pointing out that,                                      (2004/C 21/56)
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              By order of 17 September 2003 the President of the Second
governing that area no longer comes into question.                        Chamber of the Court of Justice of the European Communities
                                                                          ordered the removal from the register of Case C-228/02:
(1) OJ 1990 L 196, p. 15.                                                 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            By order of 18 September 2003 the President of the Court of
of the European Communities ordered the removal from the                  Justice of the European Communities ordered the removal
register of Joined Cases C-157/01 P and C-169/01 P: Federal               from the register of Case C-229/02 (Reference for a preliminary
Republic of Germany v RAG Aktiengesellschaft and UK Coal                  ruling by the Bundesvergabeamt): Tenderer: debis/AC and
v Commission of the European Communities.                                 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.