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Case C-226/97 Criminal proceedings against Johannes Martinus Lemmens

[1998] ECR I – 3711

Case summary last updated at 13/02/2020 21:37 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-226/97 Criminal proceedings against Johannes Martinus Lemmens

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 criinal evidence. 

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