«(Failure of a Member State to fulfil obligations – Directive 89/686/EEC – Scope – Derogations – Personal protective equipment designed and manufactured specifically for use by the armed forces or in the maintenance of law and order)»

1.. Approximation of laws – Personal protective equipment – Directive 89/686 – National legislation making equipment for firefighters, notwithstanding its compliance with the directive, subject to additional requirements – Not permissible (Council Directive 89/686, Arts 1 and 4, and point 1 of Annex I)

2.. Community law – Concepts – Interpretation – Reference to national law – Not permissible

3.. Approximation of laws – Personal protective equipment – Directive 89/686 – Measures harmonising equipment intended for the protection of firefighters in the performance of their usual duties – Breach of the principle of proportionality – Breach of the principle of subsidiarity – None (Council Directive 89/686)

JUDGMENT OF THE COURT (Fifth Chamber) 22 May 2003 (1)

((Failure of a Member State to fulfil obligations – Directive 89/686/EEC – Scope – Derogations – Personal protective equipment designed and manufactured specifically for use by the armed forces or in the maintenance of law and order))

In Case C-103/01,

applicant,

v

defendant, supported by

intervener,

APPLICATION for a declaration that, by making, by means of the legislation of certain

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur) and A. Rosas, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 24 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 10 December 2002,

gives the following

It lays down the conditions governing its placing on the market and free movement within the Community and the basic safety requirements which PPE must satisfy in order to ensure the health protection and safety of users.

PPE shall also cover:

...

Observations submitted to the Court

Findings of the Court

On those grounds,

THE COURT (Fifth Chamber)

hereby:

Wathelet

Edward

La Pergola

Jann

Rosas

Delivered in open court in Luxembourg on 22 May 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber