Last week, this blogpost of the good folks at European Law Blog was brought to our attention. In a well written article, Megi Medzmariashvili informs us about an interesting case that will be brought to the European Court of Justice soon. This ‘James Elliot Construction case’ concerns the interpretation of the practice of ‘attaching’ harmonised standards to European directives and regulations. This practice is a specific feature of the CE marking directives and the EU’s regulatory approach called the New Legislative Framework.
If the European Court of Justice will follow the opinion of the Attorney General in this case, this could lead to end of one of the corner stones of the CE marking system: the referring to standards developed by private standardisation bodies. It also potentially endangers the European standardisation’s financial model and it could bring an end to the protection of harmonised standard’s copyrights. We’ll be following the developments in this case with great interest!
We thank European Law Blog and Megi Medzmariashvili for allowing us to repost their blog post here: