CELEX: 62010CN0501
Language: en
Date: 2010-10-19 00:00:00
Title: Case C-501/10: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 19 October 2010 — Public Prosecutor’s Office v Raffaele Russo

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/34
            
         Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 19 October 2010 — Public Prosecutor’s Office v Raffaele Russo
   (Case C-501/10)
   ()
   2010/C 346/60
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Santa Maria Capua Vetere
   
      Parties to the main proceedings
   
   
      Applicant: Public Prosecutor’s Office
   
      Defendant: Raffaele Russo
   
      Questions referred
   
   Can freedom of establishment and freedom to provide services be restricted in a national system founded on the grant of a limited number of licences and consequently of police authorisations which, inter alia:
   
               1.
            
            
               tends generally to protect holders of licences issued at an earlier period following a tendering procedure which unlawfully excluded some operators;
            
         
               2.
            
            
               actually safeguards acquired rights (prohibiting new licensees from locating their kiosks within a specified distance of those already in existence);
            
         
               3.
            
            
               provides that the licence may lapse, including where the licence holder carries on, even indirectly, cross-border gaming activities analogous to those under the licence, with the consequent forfeiture of appreciable guarantee deposits?