Will there be consequences on the European Standardization-making process following the judgment of the European Court of Justice in the case ‘James Elliott Construction Limited vs Irish Asphalt Limited’ (“Elliott case”) ruled on 2016-10-27? Practical implications could highlight a need to further adjust the CEN, CENELEC and European Commission’s process of engagement in the development of “harmonized” European Standards based on the interpretation of the Court’s ruling.
Discover our Position Paper in which we, CEN and CENELEC, publicly share our position on this matter within an open and collaborative approach with DG GROW and other European Commission services in order to identify suitable solutions, if necessary.
As a reminder, the case concerns the interpretation of some provisions of the CEN harmonized standard (“hEN”) EN 13242:2002 in the construction sector. It was initiated on 13 June 2008 by James Elliot Constructions, who brought an action for damages against Irish Asphalt for breach of a contract for the supply of aggregates for the construction of a building. According to James Elliott the aggregate provided by Irish Asphalt was not compliant with the specifications of the relevant harmonized EN for aggregates adopted in Ireland as I.S. EN 13242:2002. The court ruling not only addresses this specific context, but also raises the need to address some specific aspects of the functioning of the European standardization system.