CELEX: 62011CN0470
Language: en
Date: 2011-09-14 00:00:00
Title: Case C-470/11: Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 14 September 2011 — SIA Garkalns v Rīgas dome

12.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/13
            
         Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 14 September 2011 — SIA ‘Garkalns’ v Rīgas dome
   (Case C-470/11)
   2011/C 331/23
   Language of the case: Latvian
   
      Referring court
   
   Augstākās tiesas Senāts
   
      Parties to the main proceedings
   
   
      Appellant: SIA ‘Garkalns’
   
      Respondent: Rīgas dome
   
      Question referred
   
   Must Article 49 EC and the related obligation of transparency be interpreted as meaning that the use, in a law that has been enacted publicly and in advance, of an imprecise legal concept such as ‘substantial impairment of the interests of the State and of the residents of the administrative area concerned’ — a concept which has to be defined in each individual case in which it applies with the help of interpretative guidelines but which at the same time allows a degree of flexibility in the assessment of restrictions on the freedom to provide services — is compatible with the permissible restrictions on that freedom?