# C_2016211EN.01002702.xml

| 13.6.2016 | EN | Official Journal of the European Union | C 211/27 |
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13.6.2016

EN

Official Journal of the European Union

C 211/27

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Request for a preliminary ruling from the Tribunal Judicial da Comarca de Setúbal (Portugal) lodged on 14 March 2016 — Município de Palmela v ASAE -Divisão de Gestão de Contraordenações

(Case C-144/16)

(2016/C 211/35)

Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca de Setúbal

Parties to the main proceedings

Applicant: Município de Palmela

Defendants: ASAE — Divisão de Gestão de Contraordenações

Questions referred

| (a) | Considering that Decree-Law No 379/97 of 27 December adopted the Regulation setting out mandatory safety requirements regarding the localisation, implementation, design and functional organisation of play and recreation areas and their equipment and impact surfaces; |
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(a)

Considering that Decree-Law No 379/97 of 27 December adopted the Regulation setting out mandatory safety requirements regarding the localisation, implementation, design and functional organisation of play and recreation areas and their equipment and impact surfaces;

| (b) | Considering that Decree-Law No 119/2009 of 19 May amended Decree-Law No 379/97 of 27 December, amending the wording of certain technical standards and adding other technical standards, and republished that Regulation of which it forms part; |
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(b)

Considering that Decree-Law No 119/2009 of 19 May amended Decree-Law No 379/97 of 27 December, amending the wording of certain technical standards and adding other technical standards, and republished that Regulation of which it forms part;

| (c) | Considering that neither of the two above-mentioned national legislative texts were notified to the European Commission in the context of a procedure for the provision of information in the field of technical standards and regulations set out in Directive 98/34/EC (1) of the European Parliament and of the Council of 22 June 1998, amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 and transposed into national law by Decree-Law No 58/2000 of 18 April:






  1. | Must the national court declare that a national legislative text is entirely inapplicable if it introduces technical standards and, in breach of the provisions of Directive 98/34/EC, it has not been notified to the European Commission, or must the court’s declaration of inapplicability be limited to the new technical regulations introduced by the national legislative text? Or, |
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(c)

Considering that neither of the two above-mentioned national legislative texts were notified to the European Commission in the context of a procedure for the provision of information in the field of technical standards and regulations set out in Directive 98/34/EC (1) of the European Parliament and of the Council of 22 June 1998, amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 and transposed into national law by Decree-Law No 58/2000 of 18 April:

1.

Must the national court declare that a national legislative text is entirely inapplicable if it introduces technical standards and, in breach of the provisions of Directive 98/34/EC, it has not been notified to the European Commission, or must the court’s declaration of inapplicability be limited to the new technical regulations introduced by the national legislative text? Or,

| 2. | Must a national legislative text be declared entirely inapplicable if it introduces technical standards and, in breach of the provisions of Directive 98/34/EC, it has not been notified to the European Commission, or must the declaration of inapplicability be limited to the new technical regulations introduced by the national legislative text? |
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2.

Must a national legislative text be declared entirely inapplicable if it introduces technical standards and, in breach of the provisions of Directive 98/34/EC, it has not been notified to the European Commission, or must the declaration of inapplicability be limited to the new technical regulations introduced by the national legislative text?

| 3. | Are all the technical standards set out in the said Regulation inapplicable, or only those technical standards amended or introduced by Decree-Law No 119/2009 of 19 May? |
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3.

Are all the technical standards set out in the said Regulation inapplicable, or only those technical standards amended or introduced by Decree-Law No 119/2009 of 19 May?

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(1)  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).

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