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Document 62015CO0438
Order of the Court (Seventh Chamber) of 28 September 2016.
Criminal proceedings against Davide Durante.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Gambling — Restrictions — Overriding reasons relating to the public interest — Proportionality — Conditions taking part in a tendering procedure and evaluation of economic and financial capacity — Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions.
Case C-438/15.
Order of the Court (Seventh Chamber) of 28 September 2016.
Criminal proceedings against Davide Durante.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Gambling — Restrictions — Overriding reasons relating to the public interest — Proportionality — Conditions taking part in a tendering procedure and evaluation of economic and financial capacity — Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions.
Case C-438/15.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Seventh Chamber) of 28 September 2016 — Durante
(Case C‑438/15) ( *1 )
‛Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Gambling — Restrictions — Overriding reasons relating to the public interest — Proportionality — Conditions taking part in a tendering procedure and evaluation of economic and financial capacity — Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions’
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1. |
Freedom of establishment — Freedom to provide services — Restrictions — Betting and gaming — National legislation which makes participation in a tender procedure for the collection of bets conditional on the submission of bank declarations attesting the economic and financial capacity of the operator — Not permissible — Justification — Overriding reasons in the public interest — Objective of fighting crime — Obligation to satisfy the requirement of proportionality — Determination by the national court (Arts 49 TFEU and 56 TFEU) (see paras 10-13, 15, operative part) |
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2. |
Freedom of establishment — Freedom to provide services — Provisions of the Treaty — Scope — National legislation which makes participation in a tender procedure for the collection of bets conditional on the submission of bank declarations attesting the economic and financial capacity of the operator — Included — No independent examination in the light of the provisions governing the free movement of capital (Arts 49 TFEU, 56 TFEU and 63 TFEU) (see para. 14) |
Operative part
Articles 49 TFEU and 56 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, that requires operators desiring to respond to a call for tenders for the award of licences in the field of betting and gambling to produce evidence of their economic and financial capacity by means of declarations made by at least two banking establishments and does not allow that capacity to be demonstrated otherwise, provided that that provision is capable of satisfying the conditions of proportionality laid down by the Court’s case-law, which it is for the court making the reference to ascertain.
( *1 ) OJ C 381, 16.11.2015.