Openbaar Ministerie v Jacques Bodin and Ets Minguet and Thomas. [1987] EUECJ R-241/86 (11 June 1987)

Openbaar Ministerie v Jacques Bodin and Ets Minguet and Thomas. [1987] EUECJ R-241/86 (11 June 1987)

Treaty provisions on free movement of goods, freedom to provide services, and common transport policy do not preclude application to vehicles registered in another Member State of national legislation imposing a maximum height of four metres, in accordance with Directive 85/3/EEC, even if the Member State of registration does not impose such a limit.

Citation
[1987] EUECJ R-241/86
Parties
Accused: Mr Jacques Bodin; Civilly Liable Party: Etablissements Minguet & Thomas
Jurisdiction
European Union
Judgment Date
11 June 1987
Procedural Posture
Preliminary Ruling (article 177 Eec) in Criminal Proceedings / Reference for Preliminary Ruling From Politierechtbank Harelbeke
Outcome
Reference answered; national legislation imposing a four-metre height limit is compatible with EEC law if in accordance with Directive 85/3/EEC.
Legal Topics
Free Movement of Goods, Freedom to Provide Services, Common Transport Policy, Road Vehicle Regulations, Maximum Vehicle Height
European Union Law Transport Law Criminal Law Free Movement of Goods Freedom to Provide Services Common Transport Policy Road Vehicle Regulations Maximum Vehicle Height

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Parties

Mr Jacques Bodin

Accused

Etablissements Minguet & Thomas

Civilly Liable Party

Procedural Posture

Preliminary Ruling (article 177 Eec) in Criminal Proceedings / Reference for Preliminary Ruling From Politierechtbank Harelbeke

Legal Issues

  1. 1 Whether national legislation imposing a maximum vehicle height of four metres is compatible with EEC Treaty provisions on free movement of goods, freedom to provide services, and common transport policy when such a limit is not imposed in other Member States.

Ratio Decidendi

Treaty provisions on free movement of goods, freedom to provide services, and common transport policy do not preclude application to vehicles registered in another Member State of national legislation imposing a maximum height of four metres, in accordance with Directive 85/3/EEC, even if the Member State of registration does not impose such a limit.

Court Disposition

Reference answered; national legislation imposing a four-metre height limit is compatible with EEC law if in accordance with Directive 85/3/EEC.

Orders

  • The provisions of the Treaty relating to the free movement of goods, the freedom to provide services and the common transport policy do not preclude application to vehicles registered in another Member State of national legislation laying down, in accordance with Directive 85/3, a maximum permitted height of four...
  • Costs incurred by the Belgian Government, the Italian Government, and the Commission are not recoverable; costs for main proceedings are for the national court to decide.