CELEX: 62015CB0438
Language: en
Date: 2016-09-28 00:00:00
Title: Case C-438/15: Order of the Court (Seventh Chamber) of 28 September 2016 — (request for a preliminary ruling from the Tribunale di Taranto — Italy) — Criminal proceedings against Davide Durante (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Cour of Justice — Identical questions referred — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Gambling — Restrictions — Overriding reasons relating to the public interest — Proportionality — Conditions taking part in a tendering procedure and evaluation of economic and financial capacity — Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions)

5.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 454/10
            
         
      Order of the Court (Seventh Chamber) of 28 September 2016 — (request for a preliminary ruling from the Tribunale di Taranto — Italy) — Criminal proceedings against Davide Durante
      (Case C-438/15) (1)
      
      ((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Cour of Justice - Identical questions referred - Articles 49 and 56 TFEU - Freedom of establishment - Freedom to provide services - Gambling - Restrictions - Overriding reasons relating to the public interest - Proportionality - Conditions taking part in a tendering procedure and evaluation of economic and financial capacity - Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions))
      (2016/C 454/21)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Taranto
      
         Criminal proceedings against
      
      Davide Durante
      
         Operative part of the order
      
      Articles 49 and 56 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, that requires operators desiring to respond to a call for tenders for the award of licences in the field of betting and gambling to produce evidence of their economic and financial capacity by means of declarations made by at least two banking establishments and does not allow that capacity to be demonstrated otherwise, provided that that provision is capable of satisfying the conditions of proportionality laid down by the Court’s case-law, which it is for the court making the reference to ascertain.
      
         (1)  OJ C 381, 16.11.2015.