EUR-Lex -  62000CC0100 - EN - Opinion of Mr Advocate General Jacobs delivered on 18 January 2001. - Commission of the European Communities v Italian Republic. - Failure by a Member State to fulfil its obligations - Undisputed failure - Directive 73/23/EEC - Electric water heaters - Conditions not prescribed by the directive. - Case C-100/00.

Opinion of the Advocate-General

1. In this case the Commission seeks a declaration pursuant to Article 226 EC that the Italian Republic has failed to fulfil its obligations under Community law by subjecting storage water heaters to safety conditions not prescribed by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, and thus not recognising the presumption of compliance with safety conditions of products manufactured in accordance with standard EN 60335-2-21.

2. Essentially the Commission contends that Italy imposes a requirement that storage water heaters are fitted with a mechanism which cuts off the electricity supply when the water temperature reaches 100° C, while the Community legislation allows a maximum of 130° C.

3. The Italian Government does not contest the infringement and states that it will seek to put an end to the infringement as soon as possible.

Conclusion

4. In those circumstances the Court should in my opinion:

(1) declare that the Italian Republic has failed to fulfil its obligations under Community law by subjecting storage water heaters to safety conditions not prescribed by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, and thus not recognising the presumption of compliance with safety conditions of products manufactured in accordance with standard EN 60335-2-21;

(2) order Italy to pay the costs.

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