Criminal Proceedings Against Johannes Martinus Lemmens: ECJ 16 Jun 1998

Evidence called by prosecutor of breathalyser machine was admissible even though the regulations for the type of machine used had not been notified for this purpose as required to the European Commission. The failure created no obstacle to trade.

Citations:

Times 20-Jul-1998, Gazette 09-Sep-1998, C-226/97, Ecj/Cfi Bulletin 16/98, 7, [1998] ECR I-3711

Links:

Bailii

Statutes:

Directive 83/189/EEC

Cited by:

CitedRegina v Budimir and Another CACD 29-Jun-2010
The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, European

Updated: 19 May 2022; Ref: scu.82527