5.11.2018 |
EN |
Official Journal of the European Union |
C 399/21 |
Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 16 July 2018 — AV, BU v Comune di Bernareggio
(Case C-465/18)
(2018/C 399/28)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Appellants: AV, BU
Respondent: Comune di Bernareggio
Question referred
Do the principles of freedom of establishment, non-discrimination, equal treatment, the protection of competition and freedom of movement for workers, referred to in Articles 45, 49 to 56 and 106 TFEU and in Articles 15 and 16 of the Charter of Fundamental Rights of the European Union, and the requirements of proportionality and reasonableness inherent in those principles, preclude a provision of national law, such as Article 12(2) of Law No 362/1991, which, in the event of the transfer of ownership of a municipal pharmacy, confers a right of pre-emption on the employees of the pharmacy in question?