Judgment_paragraph 34 · CSF Srl v European Commission (T-337/13)

34It should be noted that, even though Member States must ensure the proper and uniform application of Directive 2006/42 by drawing the conclusions from a national measure taken in relation to a certain machine and found to be justified by the Commission, and they do not have any margin of discretion as to the result to be achieved, they clearly cannot step beyond the procedural and material framework provided for by Article 11(1) by unilaterally choosing to extend the scope of that measure to other machines on the grounds that they too present the same risk, as to do so would constitute a breach of the principle of free movement set out in Article 6(1) of the directive and of the presumption of conformity provided for by Article 7 of that directive (see, to that effect, judgment of 25 March 1999 in Commission v Italy, C‑112/97, ECR, EU:C:1999:168, paragraph 54, and judgment in AGM-COS.MET, cited in paragraph 25 above, EU:C:2007:213, paragraphs 61 to 64 and 68 to 70). That is why the EU legislature made such an extension conditional on a specific procedure being followed, involving the adoption of both an express decision to that effect by the Commission and national measures implementing that decision. However, such steps are neither provided for, nor are they necessary, for the purposes of Article 11 of the directive at issue, bearing in mind the scope of that article (see paragraphs 28 and 31 above).