1 This request for a preliminary ruling concerns the interpretation of Article 4(2)(a) of Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ 2004 L 335, p. 8), read in conjunction with Article 2(1)(c) thereof and Articles 20, 21 and 49 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

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15 Under those circumstances, the Sąd Rejonowy w Słupsku (District Court, Słupsk) decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:

‘(1) Must the rule of EU law contained in Article 4(2)(a) of [Framework Decision 2004/757], read in conjunction with Article 2(1)(c) thereof, be interpreted as meaning that that rule does not preclude the expression “a significant quantity of drugs” from being interpreted on a case-by-case basis as part of the individual assessment of a national court, and that that assessment does not require the application of any objective criterion, in particular that it does not require a finding that the offender possesses drugs for the purpose of performing acts covered by Article 4(2)(a) of that framework decision, that is to say production, offering, offering for sale, distribution, brokerage, or delivery on any terms whatsoever?

(2) In so far as the [Law of on combating drug addiction] contains no precise definition of “a significant quantity of drugs” and leaves the interpretation thereof to the bench adjudicating in a specific case in the exercise of its “judicial discretion”, are the judicial remedies necessary to ensure the effectiveness and efficiency of the rules of EU law contained in [Framework Decision 2004/757], and in particular Article 4(2)(a) of that framework decision, read in conjunction with Article 2(1)(c) thereof, sufficient to afford Polish citizens effective protection resulting from the rules of EU law laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking?

(3) Is the rule of national law contained in Article 62(2) of the [Law on combating drug addiction] compatible with EU law, and in particular [with the rule] contained in Article 4(2)(a) of [Framework Decision 2004/757], read in conjunction with Article 2(1)(c) thereof, and, if so, is the interpretation which the national Polish courts place on the expression “a significant quantity of psychotropic substances and narcotic drugs” contrary to the rule of EU law pursuant to which a person who has committed the offence of possessing large quantities of drugs to perform activities covered by Article 2(1)(c) of [Framework Decision 2004/757] is to be subject to stricter criminal liability?

(4) Is Article 62(2) of the [Law on combating drug addiction], which lays down stricter criminal liability for the offence of possessing a significant quantity of psychotropic substances and narcotic drugs, as interpreted by the Polish national courts, contrary to the principles of equality and non-discrimination (Article 14 [of the ECHR] and Articles 20 and 21 [of the Charter], read in conjunction with Article 6(1) [TEU])?’

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20) Thus, having regard to the wording of the questions referred and the reasons for the order for reference, those questions must be understood as relating to the interpretation of Articles 2(1)(c) and 4(2)(a) of Framework Decision 2004/757 and Articles 20, 21 and 49 of the Charter, so that the plea of lack of jurisdiction raised by the District Public Prosecutor’s Office of Słupsk must be dismissed.

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31) By its questions, which must be considered together, the referring court asks, in essence, whether Article 4(2)(a) of Framework Decision 2004/757, read in conjunction with Article 2(1)(c) thereof, and Articles 20, 21 and 49 of the Charter, must be interpreted as precluding a Member State from classifying as a criminal offence the possession of a significant quantity of narcotic drugs or psychotropic substances both for personal consumption and for the purposes of illicit drug trafficking, while leaving the interpretation of the concept of ‘significant quantity of narcotic drugs or psychotropic substances’ to the discretion of the national courts, on a case-by-case basis.

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38) However, as is clear from paragraphs 12 to 14 of the present judgment, the referring court is uncertain whether the principles of equality before the law, non-discrimination and the legality of criminal offences and penalties, enshrined in Articles 20, 21 and 49 of the Charter, must be interpreted as precluding the concept of ‘significant quantity of narcotic drugs or psychotropic substances’, referred to in Article 62(2) of the Law on combating drug addiction, which transposes into national law the concept of ‘large quantities of drugs’ contained in Article 4(2)(a) of Framework Decision 2004/757, from not being further defined by the national legislature but being made subject to interpretation on a case-by-case basis by the national courts.

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42) That being so, when implementing EU law, Member States are required, under Article 51(1) of the Charter, to respect the fundamental rights guaranteed by the Charter, including in particular those enshrined in Articles 20, 21 and 49 of the Charter (see, to that effect, judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraphs 17 and 18).

43) In that context, it is important, in the first place, to recall that the principles of equality before the law and non-discrimination enshrined in Articles 20 and 21 of the Charter require that comparable situations should not be treated differently and that different situations should not be treated equally unless such treatment is objectively justified (judgment of 3 May 2007, Advocaten voor de Wereld, C‑303/05, EU:C:2007:261, paragraph 56).

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45) Second, as noted by the Advocate General in paragraph 62 of her Opinion, the fact that national courts enjoy a certain degree of discretion when interpreting and applying a provision of national law does not, as such, constitute an infringement of Articles 20 and 21 of the Charter.

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47) As regards, in the second place, the principle of the legality of criminal offences and penalties, enshrined in Article 49(1) of the Charter, it should be recalled that that principle has been enshrined, inter alia, in Article 7(1) of the ECHR (see, to that effect, judgment of 5 December 2017, M.A.S. and M.B., C‑42/17, EU:C:2017:936, paragraph 53). In accordance with Article 52(3) of the Charter, the right guaranteed in Article 49 thereof has the same meaning and scope as the right guaranteed by the ECHR.

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52) It follows from all the foregoing considerations that the answer to the questions referred is that Article 4(2)(a) of Framework Decision 2004/757, read in conjunction with Article 2(1)(c) thereof, and Articles 20, 21 and 49 of the Charter, must be interpreted as not precluding a Member State from classifying as a criminal offence the possession of a significant quantity of narcotic drugs or psychotropic substances both for personal consumption and for the purposes of illicit drug trafficking, while leaving the interpretation of the concept of ‘significant quantity of narcotic drugs or psychotropic substances’ to the discretion of the national courts, on a case-by-case basis, provided that that interpretation is reasonably foreseeable.

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53) Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.

On those grounds, the Court (First Chamber) hereby rules:

Article 4(2)(a) of Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, read in conjunction with Article 2(1)(c) thereof, and Articles 20, 21 and 49 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a Member State from classifying as a criminal offence the possession of a significant quantity of narcotic drugs or psychotropic substances both for personal consumption and for the purposes of illicit drug trafficking, while leaving the interpretation of the concept of ‘significant quantity of narcotic drugs or psychotropic substances’ to the discretion of the national courts, on a case-by-case basis, provided that that interpretation is reasonably foreseeable.