Reference for a preliminary ruling by the Tribunale di Larino — Sezione Distaccata di Termoli — by order of that court of 8 July 2004 in criminal proceedings against Massimiliano Placanica

(Case C-338/04)

(2004/C 273/19)

Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Larino — Sezione Distaccata di Termoli (Larino District Court, Termoli section, Italy) of 8 July 2004, received at the Court Registry on 6 August 2004, for a preliminary ruling in the case of criminal proceedings against Massimiliano Placanica on the following question:

‘Does the Court of Justice consider Article 4(4a) of Law No 401/89 to be compatible with the principles enshrined in Articles 43 et seq. and 49 of the EEC Treaty concerning the freedom of establishment and the freedom to provide cross-border services, having regard to the difference between the interpretation emerging from the decisions of the European Court of Justice (in particular the judgment in Gambrelli) and the decision of the Corte Suprema di Cassazione, Sezione Uniti in Case No 23271/04? In particular, the Court is requested to rule on the validity of the legislation referred to in the indictment and under which Massimiliano Placanica is charged in Italy’.