Case C-395/05: Reference for a preliminary ruling from the Tribunale di Viterbo by order of that court of  25 October 2005  in criminal proceedings against Antonello D'Antonio and Others
Date: 2006-01-14
Institutions: Court of Justice
Subjects: Italy, free competition, freedom to provide services, game of chance, interpretation of the law, right of establishment

C 10/14

EN

Official Journal of the European Union

14.1.2006

Reference for a preliminary ruling from the Tribunale di
Viterbo by order of that court of 25 October 2005 in
criminal proceedings against Antonello D'Antonio and
Others

(2) Does the police authorisation referred to in Article 88 of
the Italian Consolidated Law on Public Security (TULPS)
satisfy all the conditions of the Court of Justice for justi-
fying a restriction of the right of establishment?

(Case C-395/05)

(2006/C 10/27)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale di Viterbo (Italy)
of 25 October 2005, received at the Court Registry on 10
November 2005, for a preliminary ruling in the criminal proc-
cedings against Antonello D'Antonio and Others on the
following question:

— whether Articles 4(1) and 4 bis of Law No 401/89, as
amended, which at present allow only Italian public service
(book-
concessionaires, and not
makers), to engage in the business of betting are in breach
of the principles of freedom of competition, freedom to
provide services and the right of establishment, as provided
for by Articles 31, 86, 43 and 48 of the EC Treaty.

foreign intermediaries

Reference for a preliminary ruling from the Tribunale di
Palermo by order of that court of 19 October 2005 in the
criminal proceedings against Maria Grazia Di Maggio and
Salvatore Buccola

(Case C-397/05)

(2006/C 10/28)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Tribunale di Palermo
(Palermo District Court) of 19 October 2005, received at the
Court Registry on 14 November 2005, for a preliminary ruling
in the criminal proceedings against Maria Grazia Di Maggio
and Salvatore Buccola on the following questions:

(1) Does a national provision containing a prohibition on
carrying on the activity of taking bets without a police
authorisation, which is punishable as a criminal offence,
constitute a restriction of the freedom of establishment laid
down in Article 43 of the EC Treaty and of the freedom to
provide services laid down in Article 49 of the EC Treaty?

(3) Is the criminal sanction laid down in Article 4(4 bis) of
Law No 401/89 appropriate, proportionate and, above all,
non-discriminatory as regards the proprietors of the Centri
di Trasmissione Dati operating in Italy and associated with
the bookmaker Stanley Ltd, established in Liverpool,
despite the fact that the controls to which the latter are
subject appear to be materially identical to those for Italian
concessionaires, subject as they are to the requirement that
they obtain the police licence, which, according to the
Corte di Cassazione, is directed at preventing criminal infil-
tration of
the supply and demand of
gambling?

the sector of

Action brought on 17 November 2005 by the European
the European
Parliament against

the Commission of

Communities

(Case C-403/05)

(2006/C 10/29)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 17 November 2005 by the European Parlia-
ment, represented by R. Passos, E. Waldherr, and K. Lindahl,
acting as Agents.

The European Parliament claims that the Court should:

the general budget of

1. annul the decision approving a project on the security of
the borders of the Philippines, to be financed by budgetary
line 19 10 02 of
the European
Communities (Philippine Border Management Project; No
ASIA/2004/016-924), adopted in compliance with Regu-
lation (EEC) No 443/92 on financial and technical assistance
to, and economic cooperation with, the developing coun-
tries in Asia and Latin America (1);

2. order the Commission to pay the costs.

Pleas in law and main arguments

The European Parliament
the
Commission's decision on the grounds that the Commission
has exceeded its powers.

the annulment of

requests