Judgment of the Court of Justice, Sapod Audic, Case C-159/00 (6 June 2002)

In its judgment of 6 June 2002 in Case C-159/00, Sapod Audic, the Court of Justice points out that, according to established case-law, the Directive laying down a procedure for the provision of information in the field of technical standards and regulations must be interpreted as meaning that a failure to observe the obligation to notify laid down in Article 8 of that Directive constitutes a substantial procedural defect such as to render the technical regulations in question inapplicable and thus unenforceable against individuals. Furthermore, the Court recalls that, according to its case-law, the inapplicability of a technical regulation which has not been notified to the Commission in accordance with Article 8 of the Directive may be invoked in legal proceedings between individuals concerning, inter alia, contractual rights and duties.

Source and copyright

Source: CVRIA. Case-law: numerical access to the case-law. [ON-LINE]. [Luxembourg]: Court of Justice of the European Communities, [01.06.2006]. C-159/00. Available on http://curia.eu.int/en/content/juris/index.htm.

Copyright: (c) Court of Justice of the European Union

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