Opinion of the Advocate General — ECLI:EU:C:1998:61
Date: 1998-02-12
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment
Approximation of Uws — Procedure for the provision of information in the field of technical
standards and regulations — Obligation on the Member States to notify any draft technical regu-
lation to the Commission — National rules on breath-analysis apparatus — Failure to notify the
Commission — Evidence obtained by means of breath-analysis apparatus authorised in accord­
ance with rules which have not been notified — Whether permissible
(Council Directive 83/189, Arts 1 and 8)
I-3711
SUMMARY — CASE C-226/97
Directive 83/189, laying down a procedure
for the provision of information in the field
of technical standards and regulations, 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 a regulation which has not
been notified, to be relied upon against an
individual charged with driving while under
the influence of alcohol.
While failure to notify technical regulations,
which constitutes a procedural defect in their
adoption, renders such regulations inappli­
cable inasmuch as they hinder the use or
marketing of a product which is not in con­
formity therewith, it does not have the effect
of rendering unlawful any use of a product
which is in conformity with regulations that
have not been notified. The use of breath-
analysis apparatus by the public authorities
is not liable to create an obstacle to trade
which could have been avoided if the notifi­
cation procedure had been followed.
I-3712