CELEX: 62008CA0384
Language: en
Date: 2010-03-11 00:00:00
Title: Case C-384/08: Judgment of the Court (Third Chamber) of 11 March 2010 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio — Italy) — Attanasio Group Srl v Comune di Carbognano (Articles 43 EC and 48 EC — Regional legislation laying down mandatory minimum distances between roadside service stations — Jurisdiction of the Court and admissibility of the reference for a preliminary ruling — Freedom of establishment — Restriction)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/11
            
         Judgment of the Court (Third Chamber) of 11 March 2010 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio — Italy) — Attanasio Group Srl v Comune di Carbognano
   (Case C-384/08) (1)
   
   (Articles 43 EC and 48 EC - Regional legislation laying down mandatory minimum distances between roadside service stations - Jurisdiction of the Court and admissibility of the reference for a preliminary ruling - Freedom of establishment - Restriction)
   2010/C 113/14
   Language of the case: Italian
   
      Referring court
   
   Tribunale amministrativo regionale del Lazio
   
      Parties to the main proceedings
   
   
      Applicant: Attanasio Group Srl
   
      Defendant: Comune di Carbognano
   
      Intervening party: Felgas Petroli Srl
   
      Re:
   
   Reference for a preliminary ruling — Tribunale amministrativo regionale per il Lazio (Italy) — Compatibility of national provisions laying down mandatory minimum distances between roadside petrol stations with Articles 43, 48, 49 and 56 EC and the principles of non-discrimination.
   
      Operative part of the judgment
   
   Article 43 EC, read in conjunction with Article 48 EC, is to be interpreted as meaning that domestic provisions such as those at issue in the main proceedings, which lay down mandatory minimum distances between roadside service stations, constitute a restriction on the freedom of establishment enshrined in the EC Treaty. In circumstances such as those in the main proceedings, that restriction does not appear to be justified by the objectives of road safety, protection of health and the environment, or the rationalisation of the service provided to users, these being matters for the national court to verify.
   
      (1)  OJ C 301, 22.11.2008.