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Document 62010CN0501

Case C-501/10: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 19 October 2010 — Public Prosecutor’s Office v Raffaele Russo

IO C 346, 18.12.2010, p. 34–35 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

18.12.2010   

EN

Official Journal of the European Union

C 346/34

Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 19 October 2010 — Public Prosecutor’s Office v Raffaele Russo

(Case C-501/10)

()

2010/C 346/60

Language of the case: Italian

Referring court

Tribunale di Santa Maria Capua Vetere

Parties to the main proceedings

Applicant: Public Prosecutor’s Office

Defendant: Raffaele Russo

Questions referred

Can freedom of establishment and freedom to provide services be restricted in a national system founded on the grant of a limited number of licences and consequently of police authorisations which, inter alia:

1.

tends generally to protect holders of licences issued at an earlier period following a tendering procedure which unlawfully excluded some operators;

2.

actually safeguards acquired rights (prohibiting new licensees from locating their kiosks within a specified distance of those already in existence);

3.

provides that the licence may lapse, including where the licence holder carries on, even indirectly, cross-border gaming activities analogous to those under the licence, with the consequent forfeiture of appreciable guarantee deposits?
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