18.1.2016   

EN

Official Journal of the European Union

C 16/18

1.

Must [Articles 49 TFEU and 56 TFEU], as well as the principles of equal treatment and effectiveness, be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9]g) of Law No 44 of 26 April 2012) for the award of licences that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition relating to economic and financial standing as a result of the failure to provide for criteria other than the requirement of two bank references from two separate banks?

2.

Must Article 47 of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9]g) of Law No 44 of 26 April 2012) for the award of licences [that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition] relating to economic and financial standing as a result of the failure to provide for alternative documentation and options, as laid down under [EU] legislation?

3.

Do [Articles 49 TFEU and 56 TFEU] preclude national legislation which de facto prevents any cross-border activity in the field of betting and gambling, irrespective of the form which that activity takes, in particular (in line with the findings in the judgment of the Third Chamber of the Court of Justice of 12 September 2013 in [Joined Cases C-660/11 and C-8/12 Biasci and Others, EU:C:2013:550] in cases in which there are physical checks, for purposes of public security, of the undertaking’s intermediaries present on national territory?