# C_2016335EN.01000601.xml

| 12.9.2016 | EN | Official Journal of the European Union | C 335/6 |
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12.9.2016

EN

Official Journal of the European Union

C 335/6

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Judgment of the Court (Fifth Chamber) of 14 July 2016 (requests for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia and the Tribunale amministrativo regionale per la Sardegna — Italy) — Promoimpresa srl (Case C 458/14) v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro, Regione Lombardia and Mario Melis and Others (C 67/15) v Comune di Loiri Porto San Paolo, Provincia di Olbia Tempio

(Joined Cases C-458/14 and C-67/15) (1)

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((Reference for a preliminary ruling - Public contracts and freedom of establishment - Article 49 TFEU - Directive 2006/123/EC - Article 12 - Concessions of State-owned maritime, lakeside and waterway property of an economic interest - Automatic extension - Lack of tender procedure))

(2016/C 335/06)

Language of the case: Italian

Referring courts

Referring courts

Tribunale amministrativo regionale per la Lombardia and the Tribunale amministrativo regionale per la Sardegna

Parties to the main proceedings

Parties to the main proceedings

Applicants: Promoimpresa srl (Case C 458/14) and Mario Melis and Others (C 67/15)

Applicants:

Defendants: Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro, Regione Lombardia (C-458/14), Comune di Loiri Porto San Paolo, Provincia di Olbia Tempio (C-67/15)

Defendants:

Interveners: Alessandro Piredda and Others

Interveners:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 12(1) and (2) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as precluding a national measure, such as that at issue in the main proceedings, which permits the automatic extension of existing authorisations of State-owned maritime and lakeside property for tourist and leisure-oriented business activities, without any selection procedure for potential candidates. |
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1.

Article 12(1) and (2) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as precluding a national measure, such as that at issue in the main proceedings, which permits the automatic extension of existing authorisations of State-owned maritime and lakeside property for tourist and leisure-oriented business activities, without any selection procedure for potential candidates.

| 2. | Article 49 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which permits the automatic extension of existing concessions of State-owned property for tourist and leisure-oriented business activities, in so far as those concessions are of certain cross-border interest. |
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2.

Article 49 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which permits the automatic extension of existing concessions of State-owned property for tourist and leisure-oriented business activities, in so far as those concessions are of certain cross-border interest.

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(1)  OJ C 448, 15.12.2014

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OJ C 146, 4.5.2015.

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