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Case C-144/16: Request for a preliminary ruling from the Tribunal Judicial da Comarca de Setúbal (Portugal) lodged on 14 March 2016 — Município de Palmela v ASAE -Divisão de Gestão de Contraordenações
ECLI:EU:UNKNOWN:62016CN0144
62016CN0144
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Valentina R., lawyer
13.6.2016
Official Journal of the European Union
C 211/27
(Case C-144/16)
(2016/C 211/35)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Município de Palmela
Defendants: ASAE — Divisão de Gestão de Contraordenações
Questions referred
(a)Considering that Decree-Law No 379/97 of 27 December adopted the Regulation setting out mandatory safety requirements regarding the localisation, implementation, design and functional organisation of play and recreation areas and their equipment and impact surfaces;
(b)Considering that Decree-Law No 119/2009 of 19 May amended Decree-Law No 379/97 of 27 December, amending the wording of certain technical standards and adding other technical standards, and republished that Regulation of which it forms part;
(c)Considering that neither of the two above-mentioned national legislative texts were notified to the European Commission in the context of a procedure for the provision of information in the field of technical standards and regulations set out in Directive 98/34/EC (1) of the European Parliament and of the Council of 22 June 1998, amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 and transposed into national law by Decree-Law No 58/2000 of 18 April:
1.Must the national court declare that a national legislative text is entirely inapplicable if it introduces technical standards and, in breach of the provisions of Directive 98/34/EC, it has not been notified to the European Commission, or must the court’s declaration of inapplicability be limited to the new technical regulations introduced by the national legislative text? Or,
2.Must a national legislative text be declared entirely inapplicable if it introduces technical standards and, in breach of the provisions of Directive 98/34/EC, it has not been notified to the European Commission, or must the declaration of inapplicability be limited to the new technical regulations introduced by the national legislative text?
3.Are all the technical standards set out in the said Regulation inapplicable, or only those technical standards amended or introduced by Decree-Law No 119/2009 of 19 May?
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 (OJ 1998, L 204, p. 37).