20.

The questions in Case C-203/11 are worded as follows: ‘(1) Should Articles 107 [TFEU] and 108 [TFEU], whether or not read in conjunction with … Decision 2005/842 …, be interpreted as requiring that the measures contained in Articles 3.1.3, 3.1.10, 4.1.20(3)[, second subparagraph], 4.1.21 and 4.1.23 of the [land and real estate decree] should be notified to the European Commission before the adoption or entry into force of those provisions? (2) Should a scheme which by operation of law imposes on private actors whose land subdivision or building projects are of a certain minimum size a “social obligation” amounting to a percentage of a minimum of 10% and a maximum of 20% of that land subdivision or that building project, which can be performed in kind or by the payment of a sum of [EUR] 50 000 for each social lot or dwelling not realised, be appraised against the freedom of establishment, against the freedom to provide services or against the free movement of capital, or should it be classified as a complex scheme which should be appraised against each of those freedoms? (3) Having regard to Article 2(2)(a) and (j) thereof, is Directive 2006/123 … applicable to a compulsory contribution by private actors to the delivery of social houses and apartments, which is imposed by operation of law as a “social obligation” linked to every building or land subdivision authorisation sought in respect of a project of a minimum size as determined by law, where the social housing units delivered are bought at predetermined capped prices by social housing companies to be rented out to a broad category of individuals, or, by substitution, are sold by the social housing company to individuals belonging to the same category? (4) If the third question referred is answered in the affirmative, should the concept of “requirement to be evaluated” in Article 15 of Directive 2006/123 … be interpreted as meaning that it covers an obligation on private actors to contribute, in addition to, or as part of their usual activity, to the construction of social housing, and to transfer the units developed at capped prices to semi-public authorities, or through substitution of the latter, even though those private actors then have no right of initiative in the social housing market? (5) If the third question referred is answered in the affirmative, should the national court apply a penalty, and if so, what penalty, to: (a) the finding that a new requirement, subjected to evaluation in accordance with Article 15 of Directive 2006/123 …, was not specifically evaluated in accordance with Article 15(6) of that directive; (b) the finding that no notification of that new requirement was given in accordance with Article 15(7) of that directive? (6) If the third question referred is answered in the affirmative, should the concept of “prohibited requirement” in Article 14 of Directive 2006/123 … be interpreted as precluding a national scheme, in the cases described in that article, not only if it makes access to a service activity or the exercise of it subject to compliance with a requirement, but also if that scheme merely provides that non-compliance with that requirement will cause the financial compensation for the performance of a service prescribed by law to lapse, and that the financial guarantee supplied in regard to the performance of the service will not be reimbursed? (7) If the third question referred is answered in the affirmative, should the concept of “competing operators” in Article 14(6) of Directive 2006/123 … be interpreted as meaning that it is also applicable to a public institution whose mandates can partially interfere with those of the service providers, if it takes the decisions referred to in Article 14(6) of that directive and it is also obliged, as the final step in a cascade system, to buy the social housing units developed by a service provider in the performance of the “social obligation” imposed on him? (8) (a) If the third question referred is answered in the affirmative, should the concept “authorisation scheme” in Article 4(6) of Directive 2006/123 … be interpreted to mean that it is applicable to certificates issued by a public institution after the initial building or land subdivision authorisation has already been given, and which are necessary in order to qualify for certain of the compensations for the performance of a “social obligation” which was linked by law to the original authorisation and which are also necessary in order to claim the reimbursement of the financial guarantee imposed on the service provider in favour of the public institution? (b) If the third question referred is answered in the affirmative, should the concept of “authorisation scheme” in Article 4(6) of Directive 2006/123 … be interpreted to mean that it is applicable to an agreement which a private actor concludes with a public institution pursuant to a legal rule in the context of the substitution of the public institution in respect of the sale of a social housing unit developed by the private actor in the performance, in kind, of a “social obligation” which is linked by law to a building or land subdivision authorisation, taking account of the fact that the conclusion of that agreement is a condition for the executability of the authorisation? (9) Should Articles 49 [TFEU] and 56 [TFEU] be interpreted as precluding a scheme whereby, when a building or land subdivision authorisation is granted in respect of a project of a certain minimum size, it is linked by operation of law to a “social obligation” entailing the delivery of social housing units, amounting to a certain percentage of the project, which are subsequently to be sold at capped prices to a public institution, or with substitution by it? (10) Should Article 63 [TFEU] be interpreted as precluding a scheme whereby, when a building or land subdivision authorisation is granted in respect of a project of a certain minimum size, it is linked by operation of law to a “social obligation” entailing the development of social housing units, amounting to a certain percentage of the project, which are subsequently to be sold at capped prices to a public institution, or with substitution by it? (11) Should the concept of “public works contracts” in Article 1(2)(b) of Directive 2004/18 … be interpreted to mean that it is applicable to a scheme whereby, when a building or land subdivision authorisation is granted in respect of a project of a certain minimum size, it is linked by operation of law to a “social obligation” entailing the development of social housing units, amounting to a certain percentage of the project, which are subsequently to be sold at capped prices to a public institution, or with substitution by it? (12) Should Articles 21 [TFEU], 45 [TFEU], 49 [TFEU], 56 [TFEU] and 63 [TFEU] and Articles 22 and 24 of Directive 2004/38 … be interpreted as precluding the scheme introduced by Book 5 of the [land and real estate decree], entitled “Living in your own region”), namely the scheme whereby in certain so-called “target communes” the transfer of land and any buildings constructed thereon is made subject to the buyer or the tenant being able to demonstrate a sufficient connection with those communes within the meaning of Article 5.2.1(2) of that decree?’