CELEX: C2006/074/07
Language: en
Date: 2006-03-25 00:00:00
Title: Case C-466/05: Reference for a preliminary ruling from the Tribunale di Lecce by order of that court of  6 December 2005  in criminal proceedings against Gianluca Damonte

25.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 74/3
            
         Reference for a preliminary ruling from the Tribunale di Lecce by order of that court of 6 December 2005 in criminal proceedings against Gianluca Damonte
   (Case C-466/05)
   (2006/C 74/07)
   Language of the case: Italian
   Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Lecce (Italy) of 6 December 2005, received at the Court Registry on 27 December 2005, for a preliminary ruling in criminal proceedings against Gianluca Damonte on the following question:
   
                
            
            
               Is Article 4(4 bis) of Law No 401/89 incompatible — with resultant effects on the domestic legal system — with the principles laid down in Articles 43 and 49 of the EC Treaty on establishment and freedom to provide cross-border services, also in light of the conflict between the interpretations in the decisions of the European Court of Justice (in particular in the judgment in Gambelli) and decision No 23271/04 of the Suprema Corte di Cassazione a Sezioni Unite (United Chambers of the Supreme Court of Cassation); in particular, clarification is sought as to the applicability in the Italian State of the criminal provisions set out in the charge brought?