Case C‑144/16
Município de Palmela
v
Autoridade de Segurança Alimentar e Económica (ASAE)— Divisão de Gestão de Contraordenações
(Request for a preliminary rulingfrom the Tribunal Judicial da Comarca de Setúbal)
(Reference for a preliminary ruling— Procedures for the provision of information in the field of technical standards and regulations and of rules on Information Society services— Directives 83/189/EEC and 98/34/EC— Draft technical regulation— Notifying the European Commission— Obligations of Member States— Infringement— Consequences)
Summary— Judgment of the Court (Sixth Chamber) 1February 2017
Approximation of laws— Information procedure in the field of technical rules and regulations— Directive 83/189— Information procedure in the field of technical standards and regulations and of rules on Information Society services— Directive 98/34— Technical regulation— Obligation on Member States to notify the Commission of all draft technical regulations— Breach of that obligation— Consequence— Rules not notified cannot be enforced against individuals— Scope
(European Parliament and Council Directive 98/34, as amended by Directive 98/48, Art.8(1); Council Directive 83/189, Art.8(1))
Article8(1) of Directive 83/189/EEC of the Council of 28March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, and Article8(1) of Directive 98/34/EC of the European Parliament and of the Council of 22June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20July 1998, must be interpreted as meaning that the penalty of unenforceability of a technical regulation which has not been notified, such as Article16(1) and (2) of the Regulamento que estabelece as condições de segurança a observar na localização, implantação, conceção e organização funcional dos espaços de jogo e recreio, respetivamente, equipamento e superfícies de impacto (Regulation on the mandatory safety requirements regarding the localisation, implementation, design and functional organisation of play and recreation areas and their equipment and impact surfaces), annexed to Decreto-Lei No379/97 (Decree-Law No379/97), of 27December 1997, as amended by Decreto-Lei No119/2009 (Decree-Law No119/2009), of 19May 2009, applies only to that technical regulation and not to the entire legislative text in which it is contained.
(see para.38, operative part)