[Poland] Judgment of the Court in October

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On October 13th there was appointed the date of delivery of the judgment of the Court of Justice of the European Union (CJEU) on the Polish Gambling Act.

The case was initiated by the District Court in Lodz, which asked the CJEU for a preliminary ruling.

By the decision of April 24th 2015, the Court asked the following question:

“Whether the regulation of article 8, paragraph 1 of Directive 98/34/WE of June 22 1998 establishing the procedure for provision of information in the field of technical standards and regulations and of rules concerning information society services can be interpreted as meaning, that the lack of notification of regulations considered to be of a technical nature allows for effects diversification, ie. for regulations on the freedoms not subjected to restrictions provided in Article 36 of the Treaty of European Union Functioning the lack of notification should result, that they can not be applied in a particular case which is subject to the limitations, and for regulations relating to the freedoms subjected to the limitations of Article 36 of the Treaty is permissible their assessment by the national court, which is also the EU court that despite nienotyfikacji they comply with the requirements of Art. 36 of the Treaty and are not subject to sanctions is not possible to use them.”

For the judgement awaits the Supreme Court also, which suspenden the proceedings conducted in a panel of 7 judges on the resolution concerning the regulations of the Gambling Act.

We are waiting impatiently for October 13…

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