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1.3.2014 |
EN |
Official Journal of the European Union |
C 61/2 |
Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 20 November 2013 — Presidenza del Consiglio dei Ministri and Others v Rina Services SpA and Others
(Case C-593/13)
2014/C 61/02
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Appellants: Presidenza del Consiglio dei Ministri and Others
Respondents: Rina Services SpA and Others
Questions referred
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1. |
Do the TFEU principles of freedom of establishment (Article 49 TFEU) and freedom to provide services (Article 56 TFEU) and the principles laid down in Directive 2006/123/EC (1) … preclude the adoption and application of national legislation under which SOAs constituted as limited companies ‘must have their seat in Italian territory’? |
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2. |
Must the derogation provided for in Article 51 TFEU be interpreted as covering an activity such as the certification carried out by private-law bodies which, on the one hand, are required to be formed as limited companies and operate in a competitive market and, on the other hand, are connected with the exercise of official authority and, for that reason, are subject to authorisation and rigorous controls by the Supervisory Authorities? |
(1) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).