The European Court of Justice judgment on the Polish gambling law is due on October 13, 2016.
The case was initiated by the District Court in Łódz, which asked the Court of Justice of the European Union for a preliminary ruling.
Further to the order of April 24, 2015, the Court asked the following question:
“Whether article 8, paragraph 1 of directive no. 98/34/WE of June 22, 1998, which established the procedures for providing information concerning technical standards and regulations, as well as rules concerning information society services can be interpreted as meaning that the lack of notified regulations considered to be of a technical nature allows various effects, ie. if regulations on freedoms not subject to the restrictions provided in Article 36 of the Treaty on the Functioning of the European Union are not notified, they cannot be applied in a particular case the court has not yet ruled upon. Can regulations related to the freedoms subject to the limitations specified in Article 36 of the Treaty be assessed by a national court, which is also an EU court, or do they comply with the requirements of Art. 36 of the Treaty despite not being notified and therefore may be applied.”
The Polish Supreme Court, which has suspended proceedings in a case concerning the provisions of the Gambling Act conducted by seven judges, also awaits the judgment.
We also remind our readers that Advocate General Michał Bobek has also voiced his opinion on the matter, stating that article 6 paragraph 1 of the Gambling Act IS NOT a technical provision and therefore does not have to be notified.
We await the verdict with bated breath.