Hlegal

EU notification requirements

Article on damages for applying unnotified technical regulations

Piotr Hoffman is the author of the paper concerning the liability of the Polish state for the application of so-called technical regulations which should have, but have not, been notified to the European Commission under directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services or its predecessor, i.e. directive 98/34/EC. The paper focuses on regulations restricting the use of slot machines in Poland, but its analysis is equally applicable to other unnotified technical regulations. It analyzes potential state liability in multiple scenarios in which various state officials or bodies, including prosecutors and courts, apply the regulations.

The paper was published by Wolters Kluwer in the proceedings of a 2015 conference on the consequences of the failure to notify the technical regulations included in the Law on Games of Chance for the administration of justice in Poland. Cf. Maciej Taborowski (ed.), Skutki braku notyfikacji przepisów technicznych ustawy o grach hazardowych dla wymiaru sprawiedliwości Rzeczypospolitej Polskiej (Wolters Kluwer, Warsaw 2016). This book is available here.