Judgment_paragraph 35 · Município de Palmela v Autoridade de Segurança Alimentar e Económica (ASAE) – Divisão de Gestão de Contraordenações (C-144/16)

35As regards the penalty of the unenforceability of technical rules which have not been communicated to the Commission, it should be pointed out, first of all, that Article 8(1) of Directive 83/189 provided for the obligation on Member States to communicate to the Commission any draft technical regulation, and that that obligation was incorporated in Article 8(1) of Directive 98/34.