17.7.2023
EN
Official Journal of the European Union
C 252/17
3.
Must Article 49(3) of the Charter of Fundamental Rights of the European Union be interpreted as permitting fines of EUR 15 000 and, in the event of a repeat offence, EUR 30 000 to be imposed on anyone infringing Article 313-6-2 of the French Criminal Code, introduced by the French Law of 12 March 2012, in view of the restrictive nature of the legislative measures put in place and the minor nature of the offences committed? 4.
Must the principle of legal certainty enshrined by the Court of Justice of the European Union as a general principle of European Union law, and Article 49(1) of the Charter of Fundamental Rights of the European Union enshrining the principle that offences and penalties must be defined by law, be interpreted as allowing Article 1 of the French Law of 27 June 1919 to be maintained, which does not allow interested parties to know whether their sale or transfer relates to a subsidised ticket or a ticket sold on favourable terms, when they could be criminally liable for that fact, and does not allow the defendants to know the exact penalty incurred, since that penalty is expressed in old francs without a specific reference to the applicable legal texts? 5.
Must the principle of legal certainty enshrined by the Court of Justice of the European Union as a general principle of European Union law, and Article 49(1) of the Charter of Fundamental Rights of the European Union enshrining the principle that offences and penalties must be defined by law, be interpreted as precluding the application of Article 313-6-2 of the French Criminal Code, which creates uncertainty for a person presenting or providing the means for the sale of admission tickets to an event or a show since that person is unable to know whether the seller has obtained the authorisation of the producer, organiser or owner of the rights of exploitation, even though the concept of organiser is not clearly defined in the applicable legal texts? 6.
Does Article 313-6-2 of the French Criminal Code contribute to a high level of consumer protection as required by EU law and enshrined in Article 38 of the Charter of Fundamental Rights of the European Union, since that provision of criminal law makes it possible to tackle ticket speculation by unauthorised intermediaries? 7.
Is the prohibition of the resale of tickets by a person who is not the organiser or producer of the event or a person authorised to do so, established by Article 313-6-2 of the French Criminal Code, not contrary to the principle of open competition enshrined in EU law (Articles 101 to 109 TFEU)? 8.
Does Article 313-6-2 of the French Criminal Code not grant an exclusive right to the organisers of events contrary to Article 106(1) TFEU, in so far as it confers on those organisers a monopoly over the sale of their tickets?
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 24 March 2023 — S. S.A. v C. sp. z o.o.
(Case C-197/23, S.)
(2023/C 252/19) Language of the case: Polish Referring court Sąd Apelacyjny w Warszawie
Parties to the main proceedings Appellant: S. S.A.
Respondent: C. sp. z o.o.
Questions referred 1.
Must Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a court of first instance of a Member State of the European Union, the formation of which is composed of a single judge of that court assigned to hear a case in flagrant breach of the provisions of national law on the allocation of cases and the appointment and modification of the formations of a court, does not constitute an independent and impartial tribunal previously established by law which ensures effective legal protection?