Lahousse & Lavichy (Approximation of laws) [2010] EUECJ C-142/09 (18 November 2010)

Lahousse & Lavichy (Approximation of laws) [2010] EUECJ C-142/09 (18 November 2010)

Directives 92/61/EEC and 2002/24/EC do not prevent Member States from introducing, in domestic law, a mechanism for recognising checks carried out by other Member States for vehicles/components not qualifying for EU type-approval, provided such legislation complies with EU law, particularly Articles 34 and 36 TFEU.

Source-derived case information.

Citation
[2010] EUECJ C-142/09
Parties
Defendant: Mr Lahousse; Defendant: Lavichy BVBA
Jurisdiction
European Union
Judgment Date
16 September 2010
Procedural Posture
Criminal Proceedings / Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; national court to decide costs and further proceedings.
Legal Topics
Type Approval of Motor Vehicles, Free Movement of Goods, National Technical Requirements, Anti Tampering Measures
European Union Law Criminal Law Type Approval of Motor Vehicles Free Movement of Goods National Technical Requirements Anti Tampering Measures

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Parties

Mr Lahousse

Defendant

Lavichy BVBA

Defendant

Procedural Posture

Criminal Proceedings / Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether Directive 2002/24/EC and Directive 92/61/EEC allow Member States to extend type-approval procedures to vehicles/components not within their scope
  2. 2 Compatibility of national prohibition on sale/use of equipment designed to increase moped power/speed with EU law

Ratio Decidendi

Directives 92/61/EEC and 2002/24/EC do not prevent Member States from introducing, in domestic law, a mechanism for recognising checks carried out by other Member States for vehicles/components not qualifying for EU type-approval, provided such legislation complies with EU law, particularly Articles 34 and 36 TFEU.

Court Disposition

Preliminary ruling issued; national court to decide costs and further proceedings.

Orders

  • Directives 92/61/EEC and 2002/24/EC construed as not preventing Member States from introducing domestic mechanisms for recognising checks by other Member States for vehicles/components outside their scope, subject to compliance with EU law.