# C_2015034EN.01001401.xml

| 2.2.2015 | EN | Official Journal of the European Union | C 34/14 |
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2.2.2015

EN

Official Journal of the European Union

C 34/14

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Request for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 24 November 2014 — Criminal proceedings against Andrea Gaiti and Others

(Case C-534/14)

(2015/C 034/15)

Language of the case: Italian

Referring court

Referring court

Tribunale di Bergamo

Parties to the main proceedings

Parties to the main proceedings

Andrea Gaiti, Sidi Amidou Billa, Joseph Arasomwan, Giuseppe Carissimi, Sahabou Songne

Questions referred

Questions referred

| 1) | Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, considered also in the light of the principles set out in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past? |
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1)

Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, considered also in the light of the principles set out in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past?

| 2) | Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, considered also in the light of the principles set out in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates |
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2)

Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, considered also in the light of the principles set out in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates

| 3) | Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, considered also in the light of the principles set out in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence? |
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3)

Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, considered also in the light of the principles set out in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?

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