Judgment of the Court of Justice, Unilever, case C-443/98 (26 September 2000)

In its judgment of 26 September 2000, in case C-443/98, Unilever, the Court of Justice points out that whilst it is true that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual, that case-law does not apply where non-compliance by a Member State with an article of the directive, which constitutes a substantial procedural defect, renders a technical regulation inapplicable. A national court is thus required, in civil proceedings between individuals concerning contractual rights and obligations, to refuse to apply a national technical regulation which was adopted in breach of the article in question of the directive.

Source and copyright

Source: CVRIA. Case-law: Numerical access to the case-law. [ON-LINE]. [Luxembourg]: Court of Justice of the European Communities, [12.05.2006]. C-443/98. Available on http://curia.eu.int/en/content/juris/index.htm.

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

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