CELEX: 62011CN0612
Language: en
Date: 2011-11-30 00:00:00
Title: Case C-612/11: Reference for a preliminary ruling from the Tribunale di Milano (Italy) on 30 November 2011 — Criminal proceedings against Vincenzo Veneruso

3.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 65/4
            
         Reference for a preliminary ruling from the Tribunale di Milano (Italy) on 30 November 2011 — Criminal proceedings against Vincenzo Veneruso
   (Case C-612/11)
   2012/C 65/07
   Language of the case: Italian
   
      Referring Court
   
   Tribunale di Milano
   
      Party in the main proceedings
   
   Vincenzo Veneruso
   
      Questions referred
   
   Do Articles 43 EC and 49 EC on freedom of establishment and the freedom to provide services in the sporting bets industry authorise national legislation establishing a monopoly regime and a system of concessions and authorisations which, in the context of a given number of concessions, makes provision for:
   
               (a)
            
            
               the existence of a general tendency to protect the holders of concessions granted during an earlier period on the basis of a procedure which unlawfully excluded some of the operators;
            
         
               (b)
            
            
               the presence of provisions which de facto guarantee the maintenance of commercial positions acquired at the end of a procedure which unlawfully excluded some of the operators (as, for example, the prohibition on new concession holders from installing their counters at less than a given distance from those already existing; and
            
         
               (c)
            
            
               the fixing of hypotheses for the expiry of the concession and the acquisition of guarantees of a very high amount, such hypotheses including that in which the concessionnaire directly or indirectly operates cross-border gaming activities comparable with those forming the subject-matter of the concession?