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Following the ruling of March 30th 2016, the Supreme Court decided on the referral of the Priority Preliminary Ruling of Constitutionality transmitted by the 32nd Criminal Chamber of the Grande Instance Tribunal of Paris; The decision was made on the basis that“in light of all these factors, the case is serious in nature because it concerns the compatibility of the criticized provisions with the necessity principle of criminal offences and penalties; it is necessary to refer it to the Constitutional Court”.

The Priority Preliminary Ruling of Constitutionality was sustained by François Géry.