Request for a preliminary ruling from the Tribunal de grande instance de Lille (Regional Court, Lille) (France) lodged on 6 June 2016 — Criminal proceedings against Uber France SAS

(Case C-320/16)

Language of the case: French

Referring court

Tribunal de grande instance de Lille

Party to the main proceedings

Uber France SAS

Question referred

Does Article L.3124-13 of the Code des transports, inserted by Law No 2014-1104 of 1 October 2014 on taxis and private hire vehicles, constitute a new technical regulation that is not implicit and that relates to one or more information society services, within the meaning of Directive 98/34/EC of 22 June 1998 1 , such that, pursuant to Article 8 of that directive, it had to be notified in advance to the European Commission, or does it fall within the scope of Directive 2006/123/EC 2 of 12 December 2006 on services, Article 2(d) of which excludes transport?

In the event that that question is answered in the affirmative, does a failure to satisfy the notification requirement laid down in Article 8 of the directive mean that Article L.3124-13 of the Code des transports is unenforceable against individuals?

____________

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).

2 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36)