Judgment — ECLI:EU:C:2012:495
Date: 2012-07-19
Language of the case: Polish
Court formation: Third Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Poland

Summary of the Judgment 1. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Purpose (European Parliament and Council Directive 98/34) 2. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Technical regulation — Meaning — National legislation limiting the running of gaming on low-prize machines anywhere other than in casinos and gaming arcades — Included — Conditions (European Parliament and Council Directive 98/34, Art. 1(11) 1. See the text of the decision. (see para. 26) 2. Article 1(11) of Directive 98/34 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 2006/96, must be interpreted as meaning that national provisions which could have the effect of limiting, or even gradually rendering impossible, the running of gaming on low-prize machines anywhere other than in casinos and gaming arcades are capable of constituting ‘technical regulations’, within the meaning of that provision, the drafts of which must be the subject of communication to the Commission as provided for in the first subparagraph of Article 8(1) of the directive, in so far as it is established that those provisions constitute conditions which can significantly influence the nature or the marketing of the product concerned. (see para. 40, operative part)