EN

Official Journal of the European Union

C 252/16

(Case C-190/23, VGG)

(2023/C 252/18)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Le Procureur de la République de Paris

Defendants: VGG AG, VGG Entertainment Inc, Dan A., SAS M. Trade, SASU D., SAS T. Logistique, Arthur C., SAS S., Grégory B., David C., David M., IE, CID

Questions referred

1.Must Article 56 TFEU be interpreted as allowing the national authorities to apply legislation derived from Article 1 of the French Law of 27 June 1919 prohibiting the touting of theatre tickets and Article 313-6-2 of the French Criminal Code introduced by the Law of 12 March 2012, in so far as those provisions have the effect of prohibiting, save in exceptional cases, the resale or facilitation of the resale between European natural or legal persons, situated in two different Member States, of tickets purchased on the primary market?

2.Must Articles 56 and 52 TFEU and the associated overriding requirements in the public interest be interpreted as allowing the national authorities, on the basis of legislation derived from Article 1 of the French Law of 27 June 1919 prohibiting the touting of theatre tickets and Article 313-6-2 of the French Criminal Code introduced by the Law of 12 March 2012, to justify restrictions that do not seem capable of effectively protecting the objectives relied on, such as the protection of public policy and consumer protection, or that are disproportionate in view of the alternative measures that could be envisaged?

3.Must Article 49(3) of the Charter of Fundamental Rights of the European Union be interpreted as permitting fines of EUR 15 000 and, in the event of a repeat offence, EUR 30 000 to be imposed on anyone infringing Article 313-6-2 of the French Criminal Code, introduced by the French Law of 12 March 2012, in view of the restrictive nature of the legislative measures put in place and the minor nature of the offences committed?

4.Must the principle of legal certainty enshrined by the Court of Justice of the European Union as a general principle of European Union law, and Article 49(1) of the Charter of Fundamental Rights of the European Union enshrining the principle that offences and penalties must be defined by law, be interpreted as allowing Article 1 of the French Law of 27 June 1919 to be maintained, which does not allow interested parties to know whether their sale or transfer relates to a subsidised ticket or a ticket sold on favourable terms, when they could be criminally liable for that fact, and does not allow the defendants to know the exact penalty incurred, since that penalty is expressed in old francs without a specific reference to the applicable legal texts?

5.Must the principle of legal certainty enshrined by the Court of Justice of the European Union as a general principle of European Union law, and Article 49(1) of the Charter of Fundamental Rights of the European Union enshrining the principle that offences and penalties must be defined by law, be interpreted as precluding the application of Article 313-6-2 of the French Criminal Code, which creates uncertainty for a person presenting or providing the means for the sale of admission tickets to an event or a show since that person is unable to know whether the seller has obtained the authorisation of the producer, organiser or owner of the rights of exploitation, even though the concept of organiser is not clearly defined in the applicable legal texts?

6.Does Article 313-6-2 of the French Criminal Code contribute to a high level of consumer protection as required by EU law and enshrined in Article 38 of the Charter of Fundamental Rights of the European Union, since that provision of criminal law makes it possible to tackle ticket speculation by unauthorised intermediaries?

7.Is the prohibition of the resale of tickets by a person who is not the organiser or producer of the event or a person authorised to do so, established by Article 313-6-2 of the French Criminal Code, not contrary to the principle of open competition enshrined in EU law (Articles 101 to 109 TFEU)?

8.Does Article 313-6-2 of the French Criminal Code not grant an exclusive right to the organisers of events contrary to Article 106(1) TFEU, in so far as it confers on those organisers a monopoly over the sale of their tickets?