# C_2012165EN.01001501.xml

| 9.6.2012 | EN | Official Journal of the European Union | C 165/15 |
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9.6.2012

EN

Official Journal of the European Union

C 165/15

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Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 2 April 2012 — Società Cooperativa Autonoleggio Piccola arl and Gianpaolo Vivani v Comune di Grottaferrata

(Case C-163/12)

2012/C 165/24

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Parties to the main proceedings

Applicants: Società Cooperativa Autonoleggio Piccola arl, Gianpaolo Vivani

Applicants:

Defendant: Comune di Grottaferrata

Defendant:

Questions referred

Questions referred

| 1. | Do Article 49 TFEU, Article 3 TEU, Articles 3, 4, 5 and 6 TFEU, Articles 101 and 102 TFEU and Regulation (EEC) No 2454/1992 (1) and Regulation (EC) No 12/1998 (2) preclude the application of Articles 3(3) and 11 of Law No 21 of 1992 in so far as the latter provisions respectively state that ‘3. The registered office of the carrier, and the garage, must be located, exclusively, within the territory of the municipality which issued the authorisation’ and that ‘...Bookings of car and driver hire shall take place at the garage. Each individual car and driver hire must begin and end at the garage located in the municipality where the authorisation was issued, returning to that garage, although the collection of the user and the user’s arrival at his destination may take place also in other municipalities ...’? |
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1.

Do Article 49 TFEU, Article 3 TEU, Articles 3, 4, 5 and 6 TFEU, Articles 101 and 102 TFEU and Regulation (EEC) No 2454/1992 (1) and Regulation (EC) No 12/1998 (2) preclude the application of Articles 3(3) and 11 of Law No 21 of 1992 in so far as the latter provisions respectively state that ‘3. The registered office of the carrier, and the garage, must be located, exclusively, within the territory of the municipality which issued the authorisation’ and that ‘...Bookings of car and driver hire shall take place at the garage. Each individual car and driver hire must begin and end at the garage located in the municipality where the authorisation was issued, returning to that garage, although the collection of the user and the user’s arrival at his destination may take place also in other municipalities ...’?

1

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| 2. | Do Article 49 TFEU, Article 3 TEU, Articles 3, 4, 5 and 6 TFEU, Articles 101 and 102 TFEU and Regulation (EEC) No 2454/1992 and Regulation (EC) No 12/1998 preclude the application of Articles 5 and 10 of Lazio Regional Law No 58 of 26 October 1993, in so far as the latter provisions respectively state that ‘...Users shall be collected, or the service shall begin, within the territory of the municipality which issued the authorisation’ and that ‘...Users shall be collected and the service shall begin exclusively within the territory of the municipality which issued the licence or authorisation and the service shall be provided to any destination, subject to the consent of the driver in the case of destinations beyond the municipal boundaries ...’? |
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2.

Do Article 49 TFEU, Article 3 TEU, Articles 3, 4, 5 and 6 TFEU, Articles 101 and 102 TFEU and Regulation (EEC) No 2454/1992 and Regulation (EC) No 12/1998 preclude the application of Articles 5 and 10 of Lazio Regional Law No 58 of 26 October 1993, in so far as the latter provisions respectively state that ‘...Users shall be collected, or the service shall begin, within the territory of the municipality which issued the authorisation’ and that ‘...Users shall be collected and the service shall begin exclusively within the territory of the municipality which issued the licence or authorisation and the service shall be provided to any destination, subject to the consent of the driver in the case of destinations beyond the municipal boundaries ...’?

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(1)  OJ 1992 L 251, p. 1.

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(2)  OJ 1998 L 4, p. 10.

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