Case C-260/04: Judgment of the Court (Fourth Chamber) of 13 September 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom of establishment and freedom to provide services — Public service concessions — Renewal of 329 horse-race betting licences without inviting competing bids — Requirements of publication and transparency)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, administrative transparency, animal show, equidae, freedom to provide services, game of chance, restriction on competition, service concession

C 269/4

EN

Official Journal of the European Union

10.11.2007

Judgment of the Court (Fourth Chamber) of 13 September
the European Communities v
2007 — Commission of

Italian Republic

(Case C-260/04) (1)

(Failure of a Member State to fulfil obligations — Freedom of
establishment and freedom to provide services — Public
service concessions — Renewal of 329 horse-race betting
licences without inviting competing bids — Requirements of
publication and transparency)

Judgment of the Court (Second Chamber) of 20 September
2007 (reference for a preliminary ruling from the House of
Lords) — The Queen, Veli Tum, Mehmet Dari v Secretary
of State for the Home Department

(Case C-16/05) (1)

(Association between the EEC and Turkey — Article 41(1) of
the Additional Protocol — ‘Standstill’ clause — Scope —
National legislation introducing, after the entry into force of
the Additional Protocol, new restrictions regarding the condi-
tions of and procedures for entry into the territory of the
Member State concerned)

(2007/C 269/08)

Language of the case: Italian

(2007/C 269/09)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Wiedner, C. Cattabriga and L. Visaggio, Agents)

Referring court

House of Lords

Defendant:
Agent, and G. De Bellis, Lawyer)

Italian Republic (represented by:

I.M. Braguglia,

Parties to the main proceedings

the defendant: Kingdom of Denmark
Interveners in support of
(represented by: J. Molde, Agent), Kingdom of Spain (represented
by: F. Díez Moreno, Agent)

Applicants: The Queen, Veli Tum, Mehmet Dari,

Defendant: Secretary of State for the Home Department

Re:

Failure of a Member State to fulfil obligations — Infringement
of the principle of transparency and the requirement to adver-
tise pursuant to Article 43 et seq. EC and Article 49 et seq. EC —
Renewal of 329 horse-racing betting licences without inviting
competing bids.

Operative part of the judgment

The Court:

1) Declares that, by renewing 329 licences for horse-race betting
Italian
operations without
Republic failed to fulfil its obligations under Articles 43 and 49 EC
and, in particular, infringed the general principle of transparency
and the obligation to ensure a sufficient degree of advertising.

competing bids,

inviting any

the

2) Orders the Italian Republic to pay the costs.

Re:

Reference for a preliminary ruling — House of Lords — Inter-
pretation of Article 41(1) of the Additional Protocol, signed on
23 November 1970, annexed to the Agreement establishing an
Association between the European Economic Community and
Turkey and on measures to be taken for their entry into force
(OJ 1977 L 361, p. 60) — Whether a Member State may intro-
duce new restrictions on entry for Turkish nationals seeking to
establish themselves in business in that State

Operative part of the judgment

the Additional Protocol, which was

Article 41(1) of
signed on
23 November 1970 at Brussels and concluded, approved and
confirmed on behalf of the Community by Council Regulation (EEC)
No 2760/72 of 19 December 1972, is to be interpreted as prohi-
biting the introduction, as from the entry into force of that protocol
with regard to the Member State concerned, of any new restrictions on
the exercise of freedom of establishment, including those relating to the
substantive and/or procedural conditions governing the first admission
into the territory of that State, of Turkish nationals intending to estab-
lish themselves in business there on their own account.

(1) OJ C 217, 28.8.2004.

(1) OJ C 69, 19.3.2005.