D.P.P. v. O'Connor [1998] IEHC 220 (22nd July, 1998)

D.P.P. v. O'Connor [1998] IEHC 220 (22nd July, 1998)

Article 2(1) of Council Directive 72/166/EEC prohibits only border checks on insurance for vehicles based in other Member States, not internal checks. The Garda Siochana is entitled to demand production of insurance certificates during internal checks, provided such checks are random and non-discriminatory. Article 177 EC Treaty does not require referral to the European Court of Justice as further appeals are available under Irish law.

Citation
[1998] IEHC 220
Parties
Prosecutor: Director of Public Prosecutions; Accused: O'Connor
Jurisdiction
Ireland
Procedural Posture
Case Stated From District Court / High Court Determination of Case Stated
Outcome
Question in Case Stated answered in the affirmative, subject to the check being random.
Legal Topics
Insurance Checks on Vehicles, Interpretation of EU Directives, Jurisdiction of National Courts Under Article 177 EC Treaty
Criminal Law European Union Law Road Traffic Law Insurance Checks on Vehicles Interpretation of EU Directives Jurisdiction of National Courts Under Article 177 EC Treaty

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

O'Connor

Accused

Procedural Posture

Case Stated From District Court / High Court Determination of Case Stated

Legal Issues

  1. 1 Whether An Garda Siochana may demand production of insurance certificate for a vehicle registered in another EU Member State under EU law and Irish law
  2. 2 Whether Article 2(1) of Council Directive 72/166/EEC prohibits internal insurance checks by police in Ireland
  3. 3 Whether Article 177 EC Treaty requires referral to the European Court of Justice

Ratio Decidendi

Article 2(1) of Council Directive 72/166/EEC prohibits only border checks on insurance for vehicles based in other Member States, not internal checks. The Garda Siochana is entitled to demand production of insurance certificates during internal checks, provided such checks are random and non-discriminatory. Article 177 EC Treaty does not require referral to the European Court of Justice as further appeals are available under Irish law.

Court Disposition

Question in Case Stated answered in the affirmative, subject to the check being random.

Orders

  • Garda Siochana entitled to demand production of insurance certificate as described, provided the check was random.
  • Leave to appeal to the Supreme Court granted to either party.