CELEX: C2004/262/34
Language: en
Date: 2004-10-23 00:00:00
Title: 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

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/20
            
         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 European 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 question:
   ‘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 participation 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’.