Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 31 May 2019 — Norbert Häring v Hessischer Rundfunk

(Case C-423/19)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant, appellant and appellant on a point of law: Norbert Häring

Defendant, respondent and respondent in the appeal on a point of law: Hessischer Rundfunk

Questions referred

Does the exclusive competence that the European Union, pursuant to Article 2(1) TFEU, in conjunction with Article 3(1)(c) TFEU, enjoys in the area of monetary policy for the Member States whose currency is the euro preclude a legal act of one of those Member States that provides for an obligation on the part of public authorities of the Member State to accept euro banknotes in the fulfilment of statutorily imposed payment obligations?

Does the status as legal tender of banknotes denominated in euro, as established in the third sentence of Article 128(1) TFEU, the third sentence of Article 16(1) of Protocol (No 4) on the statute of the European System of Central Banks and of the European Central Bank and the second sentence of Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro 1 contain a prohibition precluding public authorities of a Member State from refusing fulfilment of a statutorily imposed payment obligation in such banknotes, or does EU law leave room for provisions that exclude payment in euro banknotes for certain statutorily imposed payment obligations?

If the first question is answered in the affirmative and the second question is answered in the negative:

Can a legal act of a Member State whose currency is the euro which is adopted in the context of the European Union’s exclusive competence in the area of monetary policy be applied to the extent to which, and for so long as, the European Union has not made use of its competence?

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1 OJ 1998 L 139, p. 1.