Judgment_paragraph 48 · Lars Ivansson and Others (C-307/13)

48In that regard, it must be borne in mind that the Court has held that a failure to observe the obligation to notify the Commission constitutes a procedural defect in the adoption of the technical regulations concerned, and renders those technical regulations inapplicable and therefore unenforceable against individuals (see, in particular, judgment in CIA Security International, C‑194/94, EU:C:1996:172, paragraph 54, and judgment in Schwibbert, C‑20/05, EU:C:2007:652, paragraph 44). Individuals may rely on that inapplicability before the national court which must decline to apply a national technical regulation which has not been notified in accordance with Directive 98/34 (see, in particular, judgment in Schwibbert, EU:C:2007:652, paragraph 44 and the case-law cited).