Order — ECLI:EU:C:2012:81
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 Amministrativo Regionale del Lazio (Italy) lodged on 2 April 2010 - Emanuele Ferazzoli v Ministero dell'Interno (Case C-164/10) Language of the case: Italian Referring court Tribunale Amministrativo Regionale del Lazio Parties to the main proceedings Applicant: Emanuele Ferazzoli Defendant: Ministero dell'Interno Question referred Is a national system under national legislation (introduced as from the Bersani Decree, Decree-Law No 223 of 4 July 2006, converted into Law No 248 of 4 August 2006) compatible with Articles 43 and 49 of the EC Treaty, when it, inter alia: tends generally to protect holders of licences issued at an earlier period following a tendering procedure that unlawfully excluded some operators; (b) in fact ensures the maintenance of acquired commercial positions (by, for example, prohibiting new licensees from locating their kiosks within a specified distance of those already in existence); (c) provides for cases in which the licence may lapse when the licensee directly or indirectly carries on cross- border gaming activities analogous to those under the licence? ____________