Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 3 June 2020 — MT v Landespolizeidirektion Steiermark

(Case C-231/20)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: MT

Defendant authority: Landespolizeidirektion Steiermark

Questions referred

1. In the context of criminal proceedings that are being conducted in order to protect a monopoly system, must the national court or tribunal examine the applicable criminal penalty rule in the light of the freedom to provide services if it has previously examined the monopoly system in accordance with the guidance provided by the Court of Justice and that examination has revealed that the monopoly system is justified?

2. If Question 1 is answered in the affirmative:

(2a) Must Article 56 TFEU be interpreted as precluding a national provision according to which, by way of sanction for making prohibited lotteries commercially available contrary to the Law on games of chance, a fine must be imposed per gaming machine, with no absolute limit on the total fine imposed?

(2b) Must Article 56 TFEU be interpreted as precluding a national provision which, by way of sanction for making prohibited lotteries commercially available contrary to the Law on games of chance, provides for the mandatory imposition of a minimum penalty of EUR 3 000 per gaming machine?

(2c) Must Article 56 TFEU be interpreted as precluding a national provision which, by way of sanction for making prohibited lotteries commercially available contrary to the Law on games of chance, provides for a custodial sentence in the event of non-payment per gaming machine, with no absolute limit on the total number of custodial sentences imposed?

(2d) Must Article 56 TFEU be interpreted as precluding a national provision which, in the event of a penalty being imposed for making prohibited lotteries commercially available contrary to the Law on games of chance, requires the payment of a contribution to the costs of criminal proceedings amounting to 10% of the fines imposed?

3. If Question 1 is answered in the negative:

(3a) Must Article 49(3) of the Charter of Fundamental Rights of the European Union be interpreted as precluding a national provision according to which, by way of sanction for making prohibited lotteries commercially available contrary to the Law on games of chance, a fine must be imposed per gaming machine, with no absolute limit on the total fine imposed?

(3b) Must Article 49(3) of the Charter be interpreted as precluding a national provision which, by way of sanction for making prohibited lotteries commercially available contrary to the Law on games of chance, provides for the mandatory imposition of a minimum penalty of EUR 3 000 per gaming machine?

(3c) Must Article 49(3) of the Charter be interpreted as precluding a national provision which, by way of sanction for making prohibited lotteries commercially available contrary to the Law on games of chance, provides for a custodial sentence in the event of non-payment per gaming machine, with no absolute limit on the total number of custodial sentences imposed?

(3d) Must Article 49(3) of the Charter be interpreted as precluding a national provision which, in the event of a penalty being imposed for making prohibited lotteries commercially available contrary to the Law on games of chance, requires the payment of a contribution to the costs of criminal proceedings amounting to 10% of the fines imposed?

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