# C_2015262EN.01000601.xml

| 10.8.2015 | EN | Official Journal of the European Union | C 262/6 |
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10.8.2015

EN

Official Journal of the European Union

C 262/6

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Request for a preliminary ruling from the Tribunale di Reggio Calabria (Italy) lodged on 15 May 2015 — Criminal proceedings against Domenico POLITANO’

(Case C-225/15)

(2015/C 262/08)

Language of the case: Italian

Referring court

Referring court

Tribunale di Reggio Calabria

Party to the main proceedings

Party to the main proceedings

Domenico POLITANO’

Questions referred

Questions referred

| 1) | Must Article 49 TFEU, as well as the principles of equal treatment and effectiveness, be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9)g] of Law No 44 of 26 April 2012) for the award of licences that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition relating to economic and financial standing, as a result of the failure to provide for criteria other than the requirement of two bank references from two separate banks? |
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1)

Must Article 49 TFEU, as well as the principles of equal treatment and effectiveness, be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9)g] of Law No 44 of 26 April 2012) for the award of licences that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition relating to economic and financial standing, as a result of the failure to provide for criteria other than the requirement of two bank references from two separate banks?

| 2) | Must Article 47 of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9)g] of Law No 44 of 26 April 2012) for the award of licences [that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition] relating to economic and financial standing, as a result of the failure to provide for alternative documentation and options, as laid down under [EU] legislation? |
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2)

Must Article 47 of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9)g] of Law No 44 of 26 April 2012) for the award of licences [that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition] relating to economic and financial standing, as a result of the failure to provide for alternative documentation and options, as laid down under [EU] legislation?

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(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).

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