DIBt lost at European Court where the European Commission claimed that Germany raised “barriers to trade” with its current rules and practices (Bauregellisten) concerning a specific German approval of construction products. This was said to “breach of EU Single Market rules”. The court confirmed that it is not allowed to establish a national approval system for properties of products that are dealt with in CE marking and the related harmonized EN standard.
Please see more details here:
- Text of the European Court decision C-100/13 in German language.
- Text of the European Court decision C-100/13 in French language.
- Related press release of DIBt in English language.
- Related press release of DIBt in German language.
Will this decision affect the DIBt approval system and Ü mark, regarding VOC emissions?
The court statement clearly said that Germany must not establish a national approval system on top of CE marking, if the concerned product properties are dealt with in CE marking. This is not the case for any product group concerned of VOC emissions, as in late 2014.
As soon as a product is CE marked, and the declaration of performance for CE marking has to include a statement on emissions of hazardous substances into indoor air, the situation may change. But this requires that the related CE standard (e.g. EN 14041, EN 14342 etc.) includes a statement on the emissions and specifies how to declare that performance. Until then, it is not probable that anything will change.
For more information: