C-100/00

OPINION OF MR JACOBS — CASE C-100/00

OPINION OF ADVOCATE GENERAL JACOBS delivered on 18 January 2001 1

1. In this case the Commission seeks a 2. Essentially the Commission contends declaration pursuant to Article 226 EC that that Italy imposes a requirement that the Italian Republic has failed to fulfil its storage water heaters are fitted with a obligations under Community law by sub- mechanism which cuts off the electricity jecting storage water heaters to safety supply when the water temperature reaches conditions not prescribed by Council Direc- 100° C, while the Community legislation tive 73/23/EEC of 19 February 1973 on the allows a maximum of 130° C. harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, 2 and thus not recognising the pre- sumption of compliance with safety condi- tions of products manufactured in accor- dance with standard EN 60335-2-21. 3

1 — Original language: English. 2 — OJ 1973 L 77, p. 29. 3. The Italian Government does not contest 3 — Commission communication within the framework of the infringement and states that it will seek Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of the Member States relating to to put an end to the infringement as soon as electrical equipment designed for use within certain voltage limits, OJ 1993 C 18, p. 4, at p. 5. possible.

I - 2786

COMMISSION V ITALY