Judgment_paragraph 53 · Sportingbet plc and Internet Opportunity Entertainment Ltd v Santa Casa da Misericórdia de Lisboa (C-275/19)

53The notification obligation under the first paragraph of Article 8(1) of Directive 98/34 is an essential means for achieving the scrutiny by the European Union aimed at protecting the free movement of services and the freedom of establishment (see, to that effect, judgment of 20 December 2017, Falbert and Others, C‑255/16, EU:C:2017:983, paragraph 34). A breach of that obligation constitutes a substantial procedural defect in the adoption of the technical regulations concerned and renders those technical regulations inapplicable, so that they are unenforceable against individuals (see, to that effect, judgments of 4 February 2016, Ince, C‑336/14, EU:C:2016:72, paragraph 67, and of 1 February 2017, Município de Palmela, C‑144/16, EU:C:2017:76, paragraph 36 and the case-law cited). Those 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 (judgment of 10 July 2014, Ivansson and Others, C‑307/13, EU:C:2014:2058, paragraph 48).

Sportingbet plc and Internet Opportunity Entertainment Ltd v Santa Casa da Misericórdia de Lisboa (C-275/19)

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