This document is an excerpt from the EUR-Lex website
Document 62024CB0437
CaseC-437/24, Cirsa Italia: Order of the Court (Tenth Chamber) of 12 January 2026 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio – Italy) – Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze (Reference for a preliminary ruling – Directive 2014/23/EU – Award of concession contracts – Temporal scope – Concessions for the constitution and operation of the network for the telematic management of lawful gaming by means of amusement or recreational machines – Article 43 – Modification of a concession during its performance – Article 5 – Obligation on the Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the conditions for the performance of a concession in cases where unforeseen and unforeseeable events have a significant impact on the operating risk of that concession – None)
CaseC-437/24, Cirsa Italia: Order of the Court (Tenth Chamber) of 12 January 2026 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio – Italy) – Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze (Reference for a preliminary ruling – Directive 2014/23/EU – Award of concession contracts – Temporal scope – Concessions for the constitution and operation of the network for the telematic management of lawful gaming by means of amusement or recreational machines – Article 43 – Modification of a concession during its performance – Article 5 – Obligation on the Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the conditions for the performance of a concession in cases where unforeseen and unforeseeable events have a significant impact on the operating risk of that concession – None)
CaseC-437/24, Cirsa Italia: Order of the Court (Tenth Chamber) of 12 January 2026 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio – Italy) – Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze (Reference for a preliminary ruling – Directive 2014/23/EU – Award of concession contracts – Temporal scope – Concessions for the constitution and operation of the network for the telematic management of lawful gaming by means of amusement or recreational machines – Article 43 – Modification of a concession during its performance – Article 5 – Obligation on the Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the conditions for the performance of a concession in cases where unforeseen and unforeseeable events have a significant impact on the operating risk of that concession – None)
OJ C, C/2026/1999, 13.4.2026, ELI: http://data.europa.eu/eli/C/2026/1999/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
Official Journal |
EN C series |
|
C/2026/1999 |
13.4.2026 |
Order of the Court (Tenth Chamber) of 12 January 2026 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio – Italy) – Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze
(CaseC-437/24, (1) Cirsa Italia)
(Reference for a preliminary ruling - Directive 2014/23/EU - Award of concession contracts - Temporal scope - Concessions for the constitution and operation of the network for the telematic management of lawful gaming by means of amusement or recreational machines - Article 43 - Modification of a concession during its performance - Article 5 - Obligation on the Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the conditions for the performance of a concession in cases where unforeseen and unforeseeable events have a significant impact on the operating risk of that concession - None)
(C/2026/1999)
Language of the case: Italian
Referring court
Tribunale Amministrativo Regionale per il Lazio
Parties to the main proceedings
Applicant: Cirsa Italia SpA
Defendants: Agenzia delle Dogane e dei Monopoli, Ministero dell’Economia e delle Finanze
Other party: Cirsa Retail Srl
Operative part of the order
|
1. |
Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts must be interpreted as being applicable to concessions, within the meaning of Article 5(1)(b) of that directive, which were awarded before the date of entry into force of that directive and the date of expiry of the period for transposing that directive, but which were extended by a legislative provision that entered into force after those dates. In that situation, Articles 49 and 56 TFEU must be interpreted as not being applicable. |
|
2. |
Articles 5 and 43 of Directive 2014/23 must be interpreted as meaning that a contracting authority does not necessarily have to have the discretion to initiate, at the request of the interested parties, an administrative procedure to modify the conditions for the performance of a concession in cases where unforeseen and unforeseeable events beyond the control of the parties have a significant impact on the normal operating risk of that concession, for as long as those events persist and for the time required to reinstate, where possible, the concessions’ original operating conditions. |
(1) OJ C, C/2024/5494.
ELI: http://data.europa.eu/eli/C/2026/1999/oj
ISSN 1977-091X (electronic edition)