Order — ECLI:EU:C:2015:102
Date: 2015-02-12
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Right of establishment
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Tribunale ordinario di Cagliari (Italy) lodged on 9 December 2013 – Criminal proceedings against Mirko Saba (Case C-652/13) Language of the case: Italian Referring court Tribunale ordinario di Cagliari Party to the main proceedings Mirko Saba Questions referred Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in [Joined Cases C-72/10 and C-77/10 Costa and Cifone [2012] ECR] to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures? Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in Costa and Cifone to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?