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Title:
Kemikalieinspektionen v. Nordiska Dental AB
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
November 19, 2009
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
Bonichot, J. C.
Timmermans, C.W.A.
Schiemann, K.
Klūris, P.
Bay Larsen, L.
Mengozzi, P.
Reference number:
C-288/08
ECOLEX subject(s):
Waste & hazardous substances
Environment gen.
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.