Lemmens (Approximation of laws) [1998] EUECJ C-226/97 (16 June 1998)

Lemmens (Approximation of laws) [1998] EUECJ C-226/97 (16 June 1998)

Breach of the obligation under Article 8 of Directive 83/189/EEC to notify a technical regulation on breath-analysis apparatus does not make it impossible for evidence obtained by means of such apparatus, authorised in accordance with unnotified regulations, to be relied upon against an individual charged with driving while under the influence of alcohol.

Citation
[1998] EUECJ C-226/97
Parties
Defendant: Mr Lemmens; Referring Court: Arrondissementsrechtbank, Maastricht
Jurisdiction
European Union
Judgment Date
16 June 1998
Procedural Posture
Preliminary Ruling (article 177 Ec) / Reference for Preliminary Ruling From National Criminal Proceedings
Outcome
Reference answered; breach of notification obligation does not preclude use of evidence from breath-analysis apparatus in criminal proceedings.
Legal Topics
Technical Regulations, Notification Obligation, Evidence in Criminal Proceedings, Free Movement of Goods
European Union Law Criminal Law Technical Regulations Notification Obligation Evidence in Criminal Proceedings Free Movement of Goods

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Parties

Mr Lemmens

Defendant

Arrondissementsrechtbank, Maastricht

Referring Court

Procedural Posture

Preliminary Ruling (article 177 Ec) / Reference for Preliminary Ruling From National Criminal Proceedings

Legal Issues

  1. 1 Whether failure to notify a technical regulation on breath-analysis apparatus under Directive 83/189/EEC renders evidence obtained by such apparatus inadmissible in criminal proceedings against individuals
  2. 2 Whether national courts must disapply unnotified technical regulations of their own motion

Ratio Decidendi

Breach of the obligation under Article 8 of Directive 83/189/EEC to notify a technical regulation on breath-analysis apparatus does not make it impossible for evidence obtained by means of such apparatus, authorised in accordance with unnotified regulations, to be relied upon against an individual charged with driving while under the influence of alcohol.

Court Disposition

Reference answered; breach of notification obligation does not preclude use of evidence from breath-analysis apparatus in criminal proceedings.

Orders

  • Council Directive 83/189/EEC is to be interpreted as meaning that breach of the obligation imposed by Article 8 thereof to notify a technical regulation on breath-analysis apparatus does not have the effect of making it impossible for evidence obtained by means of such apparatus, authorised in accordance with...