Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Admiral Gaming Network Srl v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidente del Consiglio dei Ministri

(Case C-475/20)

(2021/C 28/16)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Admiral Gaming Network Srl

Respondents: Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidente del Consiglio dei Ministri

Questions referred

Is the introduction of a provision, such as that contained in Article 1(649) of Law 190/14, which reduces commission and fees only in respect of a specific and limited category of operator, namely operators of games played on gaming machines, and not all operators in the gaming sector, compatible with the exercise of the freedom of establishment guaranteed by Article 49 TFEU and with the exercise of the freedom to provide services guaranteed by Article 56 TFEU?

Is the introduction of the abovementioned provision contained in Article 1(649) of Law 190/14, which for economic reasons alone reduced the fees agreed to in a concession agreement concluded between a company and an Italian State authority during the term of that agreement, compatible with the EU-law principle of the protection of legitimate expectations?