# C_2008223EN.01000701.xml

| 30.8.2008 | EN | Official Journal of the European Union | C 223/7 |
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30.8.2008

EN

Official Journal of the European Union

C 223/7

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Judgment of the Court (Second Chamber) of 17 July 2008 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia (Italy)) — ASM Brescia SpA v Comune di Rodengo Saiano

(Case C-347/06) (1)

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(Articles 43 EC, 49 EC and 86 EC - Concession for a public gas-distribution service - Directive 2003/55 - Early cessation at the end of a transitional period - Principles of the protection of legitimate expectations and legal certainty)

(2008/C 223/09)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per la Lombardia

Parties to the main proceedings

Applicant: ASM Brescia SpA

Applicant:

Defendant: Comune di Rodengo Saiano

Defendant:

Intervener: Anigas — Associazione Nazionale Industriali del Gas

Intervener:

Re:

Reference for a preliminary ruling — Tribunale amministrativo regionale per la Lombardia — Interpretation of Articles 43, 49 and 86(1) EC and of Article 23(1) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) — Automatic extension of concessions for the operation of the public gas-distribution service

Operative part of the judgment

| 1. | Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, from providing for the extension, on conditions which it lays down, of the length of the transitional period at the end of which the early cessation of a concession for the distribution of natural gas such as that in question in those proceedings must occur. In those circumstances, it must also be held that neither Article 10 EC nor the principle of proportionality precludes such legislation. |
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1.

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, from providing for the extension, on conditions which it lays down, of the length of the transitional period at the end of which the early cessation of a concession for the distribution of natural gas such as that in question in those proceedings must occur. In those circumstances, it must also be held that neither Article 10 EC nor the principle of proportionality precludes such legislation.

| 2. | Articles 43 EC, 49 EC and 86(1) EC do not preclude legislation of a Member State, such as that at issue in the main proceedings, from providing for the extension, on conditions which it lays down, of the length of the transitional period at the end of which the early cessation of a concession for the distribution of natural gas such as that in question in those proceedings must occur, provided that such an extension can be regarded as being necessary to enable the contracting parties to untie their contractual relations on acceptable terms both from the point of view of the requirements of the public service and from the economic point of view. |
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2.

Articles 43 EC, 49 EC and 86(1) EC do not preclude legislation of a Member State, such as that at issue in the main proceedings, from providing for the extension, on conditions which it lays down, of the length of the transitional period at the end of which the early cessation of a concession for the distribution of natural gas such as that in question in those proceedings must occur, provided that such an extension can be regarded as being necessary to enable the contracting parties to untie their contractual relations on acceptable terms both from the point of view of the requirements of the public service and from the economic point of view.

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(1)  OJ C 281, 18.11.2006.

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