Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana (Italy) lodged on 5 September 2025 – Ministero dell’Interno, Questura Ragusa v TV as legal representative of 23 Play s.r.l.s

(Case C-589/25, Momari  (1) )

(C/2025/5679)

Language of the case: Italian

Referring court

Consiglio di Giustizia amministrativa per la Regione siciliana

Parties to the main proceedings

Appellants: Ministero dell’Interno, Questura Ragusa

Respondent: TV, as legal representative of 23 Play s.r.l.s

Question referred

Do the principles of freedom of establishment and freedom to provide services set out in Articles 49 and 56 TFEU preclude national legislation, such as that laid down in Article 88 of the T.U.L.P.S., which, in order to satisfy requirements of public policy, public security and public health forming the basis of the derogations provided for in Articles 51 and 52 TFEU, which are also applicable to the freedom to provide services pursuant to Article 62 TFEU, and, in any event, in order to satisfy overriding reasons of public interest such as those which coincide with the need for the prevention and punishment of criminal offences, including organised crime (the so called Mafia, in Sicily) present, in particular, in certain areas of the national territory, [reserves] the pursuit of the activities of collecting bets on sporting events to data transmission centres (DTCs) holding a public security licence issued by the Questore (Police Commissioner), making the granting and effectiveness of that authorisation subject to the existence of a licence granted by the Agenzia delle Dogane e dei Monopoli (Customs and Monopolies Agency) in favour of the bookmaker established in another member State on behalf of which the data transmission centre (DTC) conducts its activities under an affiliation arrangement based on a gaming concession contract.

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.