Case C-213/08: Action brought on 21 May 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-05-21
Institutions: Court of Justice
Subjects: Bulgaria, European Commission, Romania, Spain, accession to the European Union, action for failure to fulfil an obligation, free movement of persons, national implementing measure

2.8.2008

EN

Official Journal of the European Union

C 197/13

Questions referred

Pleas in law and main arguments

the Treaty establishing the
1. Are Articles 49 and 50 of
European Community to be
interpreted as precluding
national legislation which has established a system whereby
off-course horserace betting is managed exclusively by a
single, non-profit-making operator where, although that
system appears to fit the purpose of combating criminality
and thus of protecting public order more effectively than
would less restrictive measures,
is accompanied by a
dynamic commercial policy on the part of the operator, in
order
to neutralise the risk of unauthorised gambling
networks emerging and to channel bettors towards the
lawful offer, that does not, in consequence, fully achieve the
objective of reducing gambling opportunities?

it

2. Is it appropriate,

in order to determine whether national
legislation such as that in force in France, which has estab-
lished a system whereby off-course horserace betting is
managed exclusively by a single, non-profit-making operator,
is contrary to Articles 49 and 50 of the Treaty establishing
to assess the impairment of
the European Community,
freedom to provide services solely from the point of view of
the restrictions placed on offering on-line horserace betting,
or is it appropriate to take into consideration the entire
horserace betting sector in whatever form it is offered and is
accessible to bettors?

The period for transposition of Directive 2006/100/EC into
national law expired on 1 January 2007.

(1) OJ L 363, 20.12.2006, p. 141.

Reference for a preliminary ruling from the Tribunale
Ordinario di Milano (Italy) lodged on 22 May 2008 — Rita
Mariano v Istituto nazionale per l'assicurazione contro gli
infortuni sul lavoro (INAIL)

(Case C-217/08)

(2008/C 197/22)

Language of the case: Italian

Referring court

Tribunale Ordinario di Milano

Parties to the main proceedings

Applicant: Rita Mariano

Action brought on 21 May 2008 — Commission of the
European Communities v Kingdom of Spain

Defendant: Istituto nazionale per l'assicurazione contro gli infor-
tuni sul lavoro (INAIL)

(Case C-213/08)

(2008/C 197/21)

Language of the case: Spanish

Question referred

Whether Articles 12 and 13 of the EC Treaty preclude the appli-
cation of Article 85 of DPR No 1124/1965 in so far as it
provides that, in the event of death as a result of an accident,
only a spouse is entitled to an INAIL annuity at the rate of
50 % and a child [of a non-spouse] is entitled only to an
annuity at the rate of 20 %.

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk, acting as Agent)

Defendant: Kingdom of Spain

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2006/100/EC of 20 November 2006 adapting
certain Directives in the field of freedom of movement of
persons, by reason of
the accession of Bulgaria and
Romania (1), and, in any event, by failing to communicate
them to the Commission, the Kingdom of Spain has failed
to fulfil its obligations under that directive;

Action brought on 22 May 2008 — Commission of the
European Communities v Italian Republic

(Case C-218/08)

(2008/C 197/23)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and D. Recchia, acting as Agents)

— order the Kingdom of Spain to pay the costs.

Defendant: Commission of the European Communities