1.

Does EU law, in particular Article 34 TFEU, preclude the application of national legislation such as Paragraph 4(2) of the Austrian Buchpreisbindungsgesetz 2023 (Austrian Law on Fixed Book Pricing 2023) and Paragraph 5(3) of the German Buchpreisbindungsgesetz (German Law on Fixed Book Pricing) which, in the event of direct sales of books to final purchasers in another Member State, requires traders (including online) to set and publicise a binding retail price for the retailer, which may not be lower than the retail price recommended by the publisher for the State of publication (minus any value added tax included therein, plus the value added tax applicable in the importing country), unless the publisher has itself recommended a retail price for the importing country?

2.

Is a national legislative provision on fixing the price of books as referred to in Question 1 compatible with EU law, in particular with the final sentence of Article 4(3) TEU and Article 101 TFEU?

3.

Is national legislation which prohibits the advertising of lawful discounts in relation to the retail price compatible with EU law, in particular with the provisions referred to in Questions 1 and 2, and with Articles 11 and 16 of the Charter of Fundamental Rights of the European Union?

4.

Can such national statutory fixed book pric[ing] and/or the prohibition on advertising of discounts be justified by overriding reasons in the public interest or pursuant to Article 36 TFEU or Article 167 TFEU, for example in the context of a general interest in the protection of books as a cultural asset, in particular the promotion of book production, the diversity of titles at regulated prices and the diversity of booksellers?