Marhon (Harmonisation of laws - Road transport - weighing instruments for the purpose of determining the mass of vehicles - Judgment) [2024] EUECJ C-283/23 (04 July 2024)

Marhon (Harmonisation of laws - Road transport - weighing instruments for the purpose of determining the mass of vehicles - Judgment) [2024] EUECJ C-283/23 (04 July 2024)

Directive 2014/31/EU applies to non-automatic weighing instruments used by judicial or police authorities to determine the mass of a vehicle for the purposes of applying national criminal legislation, as the directive's scope is not limited to commercial activity and covers all such instruments used for the applications listed in Article 1(2).

Citation
[2024] EUECJ C-283/23
Parties
Defendant: FB; Defendant: JL Sàrl; Prosecutor: Procureur du Roi (Public Prosecutor, Belgium)
Jurisdiction
European Union
Judgment Date
04 July 2024
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Cour De Cassation (court of Cassation, Belgium)
Outcome
Preliminary ruling issued; Directive 2014/31/EU applies as interpreted.
Legal Topics
Interpretation of Directive 2014/31/eu, Scope of EU Harmonisation Directives, Use of Weighing Instruments in Criminal Enforcement, Market Placement and Regulatory Compliance
European Union Law Criminal Law Administrative Law Interpretation of Directive 2014/31/eu Scope of EU Harmonisation Directives Use of Weighing Instruments in Criminal Enforcement Market Placement and Regulatory Compliance

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Parties

FB

Defendant

JL Sàrl

Defendant

Procureur du Roi (Public Prosecutor, Belgium)

Prosecutor

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Cour De Cassation (court of Cassation, Belgium)

Legal Issues

  1. 1 Does Directive 2014/31/EU apply to non-automatic weighing instruments used by judicial or police authorities for determining vehicle mass in the context of national criminal legislation?

Ratio Decidendi

Directive 2014/31/EU applies to non-automatic weighing instruments used by judicial or police authorities to determine the mass of a vehicle for the purposes of applying national criminal legislation, as the directive's scope is not limited to commercial activity and covers all such instruments used for the applications listed in Article 1(2).

Court Disposition

Preliminary ruling issued; Directive 2014/31/EU applies as interpreted.

Orders

  • Article 1(1) of Directive 2014/31/EU must be interpreted as meaning that the directive applies to non-automatic weighing instruments used by judicial or police authorities to determine vehicle mass for the purposes of applying national criminal legislation.