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Case C-303/15: Request for a preliminary ruling from the Sąd Okręgowy w Łodzi (Poland) lodged on 22 June 2015 — Criminal proceedings against G.M. and M.S.
ECLI:EU:UNKNOWN:62015CN0303
62015CN0303
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Valentina R., lawyer
21.9.2015
EN
Official Journal of the European Union
C 311/21
(Case C-303/15)
(2015/C 311/25)
Language of the case: Polish
Referring court
Parties to the main proceedings
Question referred
Is Article 8(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 (OJ 1998 L 204, p. 37) to be interpreted as meaning that in the event of failure to communicate regulations, which are considered to be technical regulations, different consequences are possible: as regards regulations which concern the freedoms which are not subject to the restrictions of Article 36 of the Treaty on the Functioning of the European Union, the failure to communicate must have the consequence that those regulations cannot be applied; whereas, as regards regulations which concern the freedoms which are subject to the restrictions of Article 36 of the Treaty, the national court, which at the same time is an EU court, may assess whether those regulations, despite the failure to communicate, comply with the requirements of Article 36 of the Treaty and can be applied?
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Language of the case: Polish.