CELEX: 62009CA0142
Language: en
Date: 2010-11-18 00:00:00
Title: Case C-142/09: Judgment of the Court (First Chamber) of 18 November 2010 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Dendermonde — Belgium) — Criminal proceedings against V. W. Lahousse, Lavichy BVBA (Directives 92/61/EEC and 2002/24/EC — Type-approval of two- or three-wheel motor vehicles — Vehicles intended for use in competition, on roads or in off-road conditions — National legislation prohibiting the manufacture, marketing and use of equipment designed to increase the engine power and/or speed of mopeds)

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/7
            
         Judgment of the Court (First Chamber) of 18 November 2010 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Dendermonde — Belgium) — Criminal proceedings against V. W. Lahousse, Lavichy BVBA
   (Case C-142/09) (1)
   
   (Directives 92/61/EEC and 2002/24/EC - Type-approval of two- or three-wheel motor vehicles - Vehicles intended for use in competition, on roads or in off-road conditions - National legislation prohibiting the manufacture, marketing and use of equipment designed to increase the engine power and/or speed of mopeds)
   2011/C 13/10
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van eerste aanleg te Dendermonde
   
      Parties in the main proceedings
   
   V. W. Lahousse, Lavichy BVBA
   
      Re:
   
   Reference for a preliminary ruling — Rechtbank van eerste aanleg te Dendermonde (Belgium) — Interpretation of Articles 1(1), 12 and 15(2) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (OJ 2002 L 124, p. 1) — Exception in respect of vehicles intended for use in competition, on roads or in off-road conditions — National legislation disregarding that exception
   
      Operative part of the judgment
   
   Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles, and Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Directive 92/61 are to be construed as meaning that, where a vehicle or a component or separate technical unit thereof does not qualify for the type-approval procedure established by those directives, on the ground that it does not come within their scope, the provisions of those directives do not prevent a Member State from introducing, in its domestic law and in relation to such vehicle, component or separate technical unit, a similar mechanism for recognising the checks carried out by other Member States. In any event, such legislation must comply with EU law, in particular Articles 34 TFEU and 36 TFEU.
   
      (1)  OJ C 153, 4.7.2009.