Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) on 11 July 2011 — criminal proceedings against Raffaele Arrichiello

(Case C-368/11)

2011/C 282/20

Language of the case: Italian

Referring court

Tribunale di Santa Maria Capua Vetere (Italy).

Party to the main proceedings

Raffaele Arrichiello.

Questions referred

What is the interpretation to be given to Articles 43 EC and 49 EC concerning freedom of establishment and the freedom to provide services in the sector of bets on sporting events, for the purposes of determining whether or not the above-mentioned provisions of the treaty authorise national legislation establishing a monopoly regime in favour of the State and a system of concessions and authorisations which, in the case of a certain number of concessions, makes provision for: a) the existence of a general tendency to protect the holders of concessions granted in an earlier period, on the basis of a procedure which unlawfully excluded some operators; b) the presence of provisions de facto guaranteeing the maintenance of commercial positions acquired on the basis of a procedure which unlawfully excluded some operators (such as, for example, a prohibition on new concessionaires installing their windows at less than a certain distance from those already existing); and c) the setting of hypotheses for the expiry of the concession and acquisition of guarantees of a very high amount, such hypotheses including that in which the concessionnaire directly or indirectly operates cross-border gaming activities similar to those forming the subject-matter of the concession?