Judgment of the General Court of 15 July 2015 — CSF v Commission
(Case T-337/13) 1
(Approximation of the laws — Directive 2006/42/EC — Machinery bearing the ‘EC’ marking — Essential safety requirements — Risks to the safety of persons — Safeguard clause — Commission decision declaring a national measure prohibiting the placing on the market to be justified — Conditions governing the implementation of the safeguard clause — Manifest error of assessment — Equal treatment)
Language of the case: Italian
Parties
Applicant: CSF Srl (Grumolo delle Abbadesse, Italy) (represented by: R. Santoro, S. Armellini and R. Bugaro, lawyers)
Defendant: European Commission (represented by: G. Zavvos, acting as Agent, and M. Pappalardo, lawyer)
Intervener in support of the defendant: Kingdom of Denmark (represented by: initially V. Pasternak Jørgensen and M. Wolff, then M. Wolff, C. Thorning, U. Melgaard and N. Lyshøj, acting as Agents)
Re:
Application for annulment of Commission Decision 2013/173/EU of 8 April 2013 on a measure taken by Denmark according to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting a type of multi-purpose earthmoving machinery (OJ 2013 L 101, p. 29).
Operative part of the judgment
The Court:
Dismisses the action;
Orders CSF Srl to bear its own costs and those incurred by the European Commission in the context of the present action and the proceedings for interim relief ;
Orders the Kingdom of Denmark to bear its own costs.
____________1 OJ C 233, 10.8.2013.