Judgment_paragraph 73 · Daimler AG v European Commission (T-128/14)

73It should also be observed that Article 11 of Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ 2006 L 157, p. 24), provides for a safeguard clause which allows Member States to withdraw from the market certain machinery, bearing the CE marking, that is liable to compromise the health and safety of persons. That safeguard clause is similar to the one provided for in Article 29(1) of the framework directive. In the judgment of 15 July 2015, CSF v Commission (T‑337/13, EU:T:2015:502, paragraphs 16 to 35), this Court held that an action for annulment brought by the manufacturer of a machine against a Commission decision finding that the measures adopted by the Danish authorities, based on the safeguard clause in Article 11 of Directive 2006/42, concerning the conditions under which that machine was placed on the Danish market, were justified was admissible.