Brussels, 09/07/2015 (Agence Europe) - On Thursday 9 July, the Court of Justice of the EU rejected the appeal lodged by Germany against the General Court ruling (see EUROPE 11079) which had upheld the European Commission decision to refuse Germany permission to maintain the limit values applicable in that country for lead, barium, antimony, arsenic and mercury in toys.
In its ruling (case C-360/14P), the Court took the view that the General Court had not erred in law in concluding that Germany had not proved that its national provisions offered a level of public health protection higher than that required by the new directive, 2009/48/EC. This directive sets new limit values for certain chemical substances found in toys. Germany wanted to maintain the limit values set in the previous directive (88/378/EEC), being of the view that they offered better health protection with regard to lead, barium, antimony, arsenic and mercury. The General Court annulled the Commission decision in respect of lead and did not rule on barium as the Commission had in the meantime altered the limit values for that heavy metal. (Jan Kordys)