Original language
Swedish
Country
European Union
Date of text
Status
Unknown
Type of court
International court
Sources
Court name
European Court of Justice
Seat of court
Luxembourg
Reference number
C-288/08
Link to full text
Justice(s)
Bonichot, J. C.
Timmermans, C.W.A.
Schiemann, K.
Klūris, P.
Bay Larsen, L.
Mengozzi, P.
Abstract
This reference for a preliminary ruling submitted by the Swedish Court concerns the interpretation of certain provisions of Council Directive 93/42/EEC concerning medical devices. The European Court of Justice stated that the Directive in question constitutes a harmonisation measure adopted pursuant to Article 95 of the EC Treaty (ex Article 100a EEC) and it is intended to promote the free movement of medical devices which have been certified in conformity with that Directive. The Court has ruled that Article 4(1) of Directive 93/42/EEC, must be interpreted as precluding legislation Member States to adopt legislation, such as the legislation at issue in the main proceedings, under which the commercial exportation of dental amalgams containing mercury and bearing the ‘CE marking provided for in Article 17 of that Directive is prohibited on grounds relating to protection of the environment and of health.