Case C-226/97 Criminal proceedings against Johannes Martinus Lemmens [1998] ECR I – 3711
Judgement for the case Case C-226/97 Criminal proceedings against Johannes Martinus Lemmens
Table Of Contents
Mr. Lemmens was charged with driving a vehicle while under the influence of alcohol.
The question of whether an individual could rely upon the fact that the national regulation on breath-analysis apparatus which had not been notified to the Commission in accordance with Article 8 of the Directive came into consideration.
ECJ held that the failure to notify the Commission of new national rules (from legislation / executive order, etc.) did not render the national rules unlawful, nor prevent use of evidence gathered in this way.
ECJ
It drew a distinction between the CIA case, which was concerned with free movement of goods, and this case which is concerned with rules of criminal evidence.
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