Judgment of the General Court of 8 September 2021 – Brunswick Bowling Products v Commission
(Case T-152/19) 1
(Protection of the health and safety of consumers and workers – Directive 2006/42/EC – Safeguard clause – National measure of withdrawal from the market and prohibition of placing on the market of a pinsetter machine and a supplementary kit – Essential health and safety requirements – Commission decision declaring the measure justified – Equal treatment)
Language of the case: English
Parties
Applicant: Brunswick Bowling Products LLC, formerly Brunswick Bowling & Billiards Corporation (Muskegon, Michigan, United States) (represented by: R. Martens and V. Ostrovskis, lawyers)
Defendant: European Commission (represented by: M. Huttunen and P. Ondrůšek, acting as Agents)
Intervener in support of the defendant: Kingdom of Sweden (represented by: H. Eklinder, R. Eriksson, C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, H. Shev, J. Lundberg and O. Simonsson, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2018/1960 of 10 December 2018 on a safeguard measure taken by Sweden pursuant to Directive 2006/42/EC of the European Parliament and of the Council, to prohibit the placing on the market of a type of pinsetter machine and a supplementary kit to be used together with that type of pinsetter machine, manufactured by Brunswick Bowling & Billiards, and to withdraw those machines already placed on the market (OJ 2018 L 315, p. 29).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Brunswick Bowling Products LLC to pay the costs;
Orders the Kingdom of Sweden to bear its own costs.
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1 OJ C 155, 6.5.2019.