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Case C-303/15: Judgment of the Court (First Chamber) of 13 October 2016 (request for a preliminary ruling from the Sąd Okręgowy w Łodzi — Poland) — Naczelnik Urzędu Celnego I w Łodzi v G. M., M. S. (Reference for a preliminary ruling — Technical regulations in the gambling sector — Directive 98/34/EC — Concept of ‘technical regulation’ — Obligation on Member States to notify the European Commission of all draft technical regulations — Inapplicability of rules classifiable as technical regulations not notified to the Commission)
ECLI:EU:UNKNOWN:62015CA0303
62015CA0303
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12.12.2016
Official Journal of the European Union
C 462/7
(Case C-303/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Technical regulations in the gambling sector - Directive 98/34/EC - Concept of ‘technical regulation’ - Obligation on Member States to notify the European Commission of all draft technical regulations - Inapplicability of rules classifiable as technical regulations not notified to the Commission))
(2016/C 462/10)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Naczelnik Urzędu Celnego I w Łodzi
Defendants: G. M., M. S.
Intervener in support of the defendants: Colin Wiliams sp. z o.o.
Operative part of the judgment
Article 1 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 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 20 July 1998, must be interpreted as meaning that a provision of national law, such as that at issue in the main proceedings, does not fall within the scope of the concept of a ‘technical regulation’, within the meaning of that directive, subject to obligatory notification under Article 8(1) of that directive, the penalty for failure to fulfil that obligation being that such a regulation is inapplicable.
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Language of the case: Polish.
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(<span class="super">1</span>) OJ C 311, 21.9.2015.