13.3.2023
EN
Official Journal of the European Union
C 94/17
6.
‘More generally, do Articles 49 and 56 TFEU and the principles of certainty and effectiveness of legal protection, as well as the principle of the protection of legitimate expectations, preclude national legislation such as that at issue in the main proceedings, which imposes upon bingo hall operators the payment of an onerous technical extension fee on a monthly basis that is not provided for in the original concession documents, the amount of which is identical for all types of operator and is amended from time to time by the legislature without any proven relationship to the characteristics or performance of individual concession relationships?’
(1) (2)
OJ 2014 L 94, p. 1.
Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33).
Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 24 November 2022 — Coral Srl v Ministero dell’Economia e delle Finanze, Agenzia delle Dogane e dei Monopoli (Case C-730/22) (2023/C 94/18) Language of the case: Italian Referring court Consiglio di Stato Parties to the main proceedings Applicant: Coral Srl Defendants: Ministero dell’Economia e delle Finanze, Agenzia delle Dogane e dei Monopoli Question referred ‘Does Directive 2014/23/EU, (1) where it is considered to be applicable and, in any event, the general principles deriving from Articles 26, 49, 56 and 63 TFEU as interpreted and applied by the case-law of the Court of Justice, in particular in the light of the principle of non-discrimination, the principle of proportionality and the protection of competition and the free movement of services and capital, preclude the application of national rules under which the national legislature or the public administration may, during the so-called “technical extension” renewed several times in the last decade in the sector of gaming concessions, unilaterally affect ongoing relations, introducing the obligation to pay fees for the concessions, which were originally not due, and subsequently increasing the fees on several occasions, and always setting them as a fixed amount for all concessionaires irrespective of turnover, as well as imposing further constraints on the activities of concessionaires such as prohibiting the transfer of premises and making participation in the future procedure for the re-award of concessions subject to participation by the operators in the extension?’
(1)
Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ 2014 L 94, p. 1).
Request for a preliminary ruling from the Bundesverwaltungsgericht (Austria) lodged on 25 November 2022 — IJ and PO GesbR, IJ v Agrarmarkt Austria (Case C-731/22) (2023/C 94/19) Language of the case: German Referring court Bundesverwaltungsgericht Parties to the main proceedings Applicants: IJ and PO GesbR, IJ