Reference for a preliminary ruling from the Tribunale Amministrativo Regionale del Lazio (Italy) lodged on 27 August 2008 — Attanasio Group Srl v Comune di Carbognano

(Case C-384/08)

(2008/C 301/31)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale del Lazio

Parties to the main proceedings

Applicant: Attanasio Group Srl

Defendant: Comune di Carbognano

Question referred

Are the Italian regional and national provisions laying down mandatory minimum distances between roadside petrol stations and, in particular, Article 13 of the Regional Law of Latium, which applies to the case before this Court and is material for the decision in those proceedings, as well as the national framework legislation (Legislative Decree No 32/1998, as subsequently amended and supplemented, Law No 57/2001 and Ministerial Decree of 31 October 2001), in so far as they allow, or in any event have not prevented provision being made, in the exercise of the regulatory powers of the Italian State, for minimum distances between petrol stations under Article 13, compatible with Community law, in particular Articles 43, 48, 49 and 56 of the EC Treaty and the principles of freedom of competition and non-discrimination enshrined in that treaty, as stated in the grounds?