7.5.2011
EN
Official Journal of the European Union
C 139/14
Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 3 March 2011 — Ministero dell’Interno, Questura di Caltanissetta v Massimiliano Rizzo
(Case C-107/11)
2011/C 139/27
Language of the case: Italian
Referring court
Consiglio di Giustizia Amministrativa per la Regione Siciliana
Parties to the main proceedings
Applicants: Ministero dell’Interno, Questura di Caltanissetta
Defendant: Massimiliano Rizzo
Questions referred
Is the national legislation introduced initially by the Bersani Decree — namely, Decree-Law No 223 of 4 July 2006, converted into Law No 248 of 4 August 2006 — compatible with Articles 43 and 49 of the EC Treaty, and specifically as regards the national rules which, inter alia:
(a)
tend generally to protect holders of licences issued at an earlier period on the basis of a procedure under which some operators were unlawfully excluded;
(b)
ensure de facto the maintenance of commercial positions already acquired (by, for example, prohibiting new licensees from locating their kiosks at a distance from existing kiosks which falls short of the specified minimum);
(c)
make it possible for the licence to lapse in cases where the licensee engages, directly or indirectly, in cross-border gaming activities analogous to those covered by the licence?
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