Opinion of the Advocate General — ECLI:EU:C:2004:819
Date: 2004-12-16
Language of the case: Swedish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment 1. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations — Directive 83/189 — Technical regulation — Definition — National legislation prohibiting the use of certain automatic gaming machines for the organisation of games of chance — Included — Conditions (Council Directive 83/189, Art. 1(9)) 2. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations — Directive 83/189 — Member States’ obligation to notify all draft technical regulations to the Commission — National legislation redefining technical regulations — Obligation to notify — Conditions (Council Directive 83/189, Art. 1(9)) 3. Approximation of laws — Procedure for the provision of information in the field of technical standards and regulations — Directive 83/189 — Member States’ obligation to notify all draft technical regulations to the Commission — Scope (Council Directive 83/189, Art. 1(9)) 1. National provisions which entail a prohibition on the organisation of games of chance using certain gaming machines are liable to constitute a technical regulation within the meaning of Article 1(9) of Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 94/10, where it is established that the scope of the prohibition at issue leaves no room for any use which can reasonably be expected of the product concerned other than a purely marginal one or, if that is not the case, where it is established that that prohibition may significantly influence the composition or nature of the product or its marketing. (see para. 80, operative part 1) 2. Redefining in national legislation a service connected with the design of a product, in particular that of operating certain gaming machines can constitute a technical regulation which must be notified under Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 94/10, if that new legislation does not merely reproduce or replace, without adding new or additional specifications, existing technical regulations which, if adopted after the entry into force of Directive 83/189 in the Member State concerned, have been duly notified to the Commission. (see paras 84-85, operative part 2) 3. The replacement of a licence requirement by a prohibition in national law may be a significant factor with regard to the obligation to notify provided for by Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 94/10. However, the greater or lesser value of the product or service or the size of the market for the product or service are factors which are not relevant as regards that obligation. (see para. 95, operative part 3)