19.6.2010 |
EN |
Official Journal of the European Union |
C 161/30 |
Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio lodged on 2 April 2010 — Andrea Palomba v Ministero dell’Interno
(Case C-167/10)
(2010/C 161/41)
Language of the case: Italian
Referring court
Tribunale Amministrativo Regionale per il Lazio
Parties to the main proceedings
Applicant: Andrea Palomba
Defendant: Ministero dell’Interno
Question referred
Is a national system under national legislation (introduced as from the Bersani Decree, Decree-Law No 223 of 4 July 2006, converted into Law No 248 of 4 August 2006) compatible with Articles 43 and 49 of the EC Treaty, when it, inter alia:
(a) |
tends generally to protect holders of licences issued at an earlier period following a tendering procedure that unlawfully excluded some operators; |
(b) |
in fact ensures the maintenance of acquired commercial positions (by, for example, prohibiting new licensees from locating their kiosks within a specified distance of those already in existence); |
(c) |
provides for cases in which the licence may lapse when the licensee directly or indirectly carries on cross- border gaming activities analogous to those under the licence? |