Order — ECLI:EU:C:2012:96
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 Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 3 March 2011 - Ministero dell'Interno, Questura di Caltanissetta v Massimiliano Rizzo (Case C-107/11) Language of the case: Italian Referring court Consiglio di Giustizia Amministrativa per la Regione Siciliana Parties to the main proceedings Applicants: Ministero dell'Interno, Questura di Caltanissetta Defendant: Massimiliano Rizzo Questions referred Is the national legislation introduced initially by the Bersani Decree - namely, 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, and specifically as regards the national rules which, inter alia: (a) tend generally to protect holders of licences issued at an earlier period on the basis of a procedure under which some operators were unlawfully excluded; (b) ensure de facto the maintenance of commercial positions already acquired (by, for example, prohibiting new licensees from locating their kiosks at a distance from existing kiosks which falls short of the specified minimum); (c) make it possible for the licence to lapse in cases where the licensee engages, directly or indirectly, in cross-border gaming activities analogous to those covered by the licence? ____________