Order — ECLI:EU:C:2012:89
Date: 2012-02-16
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Right of establishment;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Italy

Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 19 October 2010 - Public Prosecutor's Office v Raffaele Russo (Case C-501/10) Language of the case: Italian Referring court Tribunale di Santa Maria Capua Vetere Parties to the main proceedings Applicant: Public Prosecutor's Office Defendant: Raffaele Russo Questions referred Can freedom of establishment and freedom to provide services be restricted in a national system founded on the grant of a limited number of licences and consequently of police authorisations which, inter alia: tends generally to protect holders of licences issued at an earlier period following a tendering procedure which unlawfully excluded some operators; actually safeguards acquired rights (prohibiting new licensees from locating their kiosks within a specified distance of those already in existence); provides that the licence may lapse, including where the licence holder carries on, even indirectly, cross-border gaming activities analogous to those under the licence, with the consequent forfeiture of appreciable guarantee deposits? ____________