Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Puglia (Italy) lodged on 19 November 2012 — Dirextra Alta Formazione Srl v Regione Puglia

(Case C-523/12)

2013/C 32/07

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Puglia

Parties to the main proceedings

Applicant: Dirextra Alta Formazione Srl

Defendant: Regione Puglia

Question referred

Is a provision of law — such as Article 2(3) of Puglia Regional Law No 12/2009, in force at regional level — which regulates in a restrictive manner access to the market for the provision of certain specific services designed to enhance the level of education locally (post-graduate Masters degree courses), making such access conditional upon meeting a single requirement which, in relation to the purpose of the Community measure (enhancement of the quality of education and, accordingly, selection of individuals with suitable qualifications) is arbitrarily chosen and expressed (a number of hours spread over an unnecessarily long period) and not differentiated according to the actual duration of the specific service, compatible with Article 56 et seq. and Article 101 et seq. (formerly Article 49 et seq. and Article 81 et seq. of the EC Treaty) and Article 107 et seq. of the Treaty on the Functioning of the European Union (in the version in force from 1 December 2009) and with the principles of competition, proportionality, non-discrimination and equal treatment which may be inferred from those rules, and with Articles 9 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of the Additional Protocol thereto and Articles 11 and 14 of the Charter of Fundamental Rights?