Case C-359/04: Reference for a preliminary ruling by the Tribunale de Teramo by decision of that court of 31 July 2004 in the case of criminal proceedings against Christian Palazzese
Date: 2004-10-23
Institutions: Court of Justice
Subjects: award of contract, derogation from EU law, freedom to provide services, interpretation of the law, public contract, right of establishment

C 262/20

EN

Official Journal of the European Union

23.10.2004

3. In the event that the replies to Questions 2(a) and (b) are

also yes:

What is the effect of the aforementioned deeming provision
where several samples are taken from an export consign-
ment that was declared as a single unit and upon examina-
tion of a part of those samples some were found to be of
marketable quality but others were not?

(1) OJ L 143, p. 11.
(2) OJ L 302, p. 1.

entitled to pursue such an activity in the Member State of
origin, was excluded from the tender procedure precisely
under the exclusions contained in the earlier rules,
later
removed’.

Reference for a preliminary ruling by the Tribunale di
Teramo by order of that court of 31 July 2004 in the case
of criminal proceedings against Angelo Sorricchio

(Case C-360/04)

(2004/C 262/35)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale di Teramo (Italy)
of 31 July 2004 received at the Court Registry on 18 August
2004, for a preliminary ruling in the case of criminal proceed-
ings against Angelo Sorricchio on the following questions:

‘May Articles 43(1) and 49 (1) of the Treaty be interpreted as
allowing the Member States to derogate temporarily (6 to 12
years) from the principle of freedom of establishment and of
freedom to provide series within the European Union, by:

1) allocating to certain persons licences for the pursuit of
certain activities involving provision of services, valid for 6
or 12 years, on the basis of a body of rules which excluded
from the tender procedure certain kinds of
(non-Italian)
competitors;

2) amending that system, after subsequently noting that it was
not compatible with the principles enshrined in Articles 43
and 49 of the Treaty, so as to allow in future the participa-
tion of those persons who had been excluded;

3) not revoking the licences granted on the basis of the earlier
system which, as stated, infringed the principles of freedom
of establishment and of free movement of services or setting
up a new tender procedure pursuant to the new rules which
now comply with the abovementioned principles;

4) continuing, on the other hand, to pursue anyone carrying
on business via a link with anyone who, despite being
entitled to pursue such an activity in the Member State of
origin, was excluded from the tender procedure precisely
under the exclusions contained in the earlier rules,
later
removed’.

Reference for a preliminary ruling by the Tribunale de
Teramo by decision of that court of 31 July 2004 in the
case of criminal proceedings against Christian Palazzese

(Case C-359/04)

(2004/C 262/34)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale de Teramo (Italy)
of 31 August 2004, received at the Court Registry on 18
August 2004, for a preliminary ruling in the case of criminal
proceedings against Christian Palazzese on the following ques-
tion:

‘May Articles 43(1) and 49 (1) of the Treaty be interpreted as
allowing the Member States to derogate temporarily (6 to 12
years) from the principle of freedom of establishment and of
freedom to provide series within the European Union, by:

1) allocating to certain persons licences for the pursuit of
certain activities involving provision of services, valid for 6
or 12 years, on the basis of a body of rules which excluded
from the tender procedure certain kinds of
(non-Italian)
competitors;

2) amending that system, after subsequently noting that it was
not compatible with the principles enshrined in Articles 43
and 49 of the Treaty, so as to allow in future the participa-
tion of those persons who had been excluded;

3) not revoking the licences granted on the basis of the earlier
system which, as stated, infringed the principles of freedom
of establishment and of free movement of services or setting
up a new tender procedure pursuant to the new rules which
now comply with the abovementioned principles;

4) continuing, on the other hand, to pursue anyone carrying
on business via a link with anyone who, despite being