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Case C-658/24, Penny Market: Request for a preliminary ruling from the Győri Törvényszék (Hungary) lodged on 9 October 2024 – Penny Market Kft. v Komárom-Esztergom Vármegyei Kormányhivatal

ECLI:EU:UNKNOWN:62024CN0658

62024CN0658

October 9, 2024
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Official Journal of the European Union

C series

C/2025/149

13.1.2025

(Case C-658/24, Penny Market)

(C/2025/149)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicant: Penny Market Kft.

Defendant: Komárom-Esztergom Vármegyei Kormányhivatal

Questions referred

1.Must Articles 49 and 56 TFEU, together with Article 16(1) of Directive 2006/123/EC (1) on services in the internal market, be interpreted as permitting national legislation which, invoking a situation of emergency, obliges exclusively retailers in the food sector with an annual turnover in excess of HUF 1 000 million to apply, in respect of certain categories of products, for a specified period of time, a gross retail sale price lower, by at least 15 %, than the lowest gross retail sale price they have applied in the preceding thirty days and which, where that obligation is not complied with, provides that a fine should be levied on a mandatory basis?

2.Must Regulation (EU) No 1308/2013 (2) of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 be interpreted as permitting national legislation which, invoking a situation of emergency, obliges exclusively retailers in the food sector with an annual turnover in excess of HUF 1 000 million to apply, in respect of certain categories of products, for a specified period of time, a gross retail sale price lower, by at least 15 %, than the lowest gross retail sale price they have applied in the preceding thirty days and which, where that obligation is not complied with, provides that a fine should be levied on a mandatory basis?

(1) OJ 2006 L 376, p. 36.

(2) OJ 2013 L 347, p. 671.

ELI: http://data.europa.eu/eli/C/2025/149/oj

ISSN 1977-091X (electronic edition)

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