COURT RULES ON SCOPE OF NATIONAL STANDARDISATION REGULATIONS.

Does the failure of a Member State to fulfil its obligation to notify the European Commission of a national technical provision, render that provision null and void? This question was put by a Dutch Court to the European Court of Justice (case C-226/97) which passed down its ruling on June 16. The Judges at the Luxembourg-based ECJ have concluded that according to European case law (case C-194/94) the answer is in principle yes, but add that the very question itself is inappropriate in the present instance. The case concerns a complaint lodged by a Dutch motorist accused of driving under the influence of alcohol, but challenging the grounds for the accusation arguing that the type of breathaliser test used by the Dutch authorities has not been notified to the Commission. The Court points out that the admissibility of the argument put forward by the plaintiff is compromised by the...