14.4.2014
EN
Official Journal of the European Union
C 112/21
Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 9 December 2013 — Lb Group Ltd v Ministero dell’Economia e delle Finanze and Others
(Case C-651/13)
2014/C 112/26
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Applicant: Lb Group Ltd
Defendants: Ministero dell’Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS) and Galassia Game Srl
Questions referred
1.
Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in [Joined Cases C-72/10 and C-77/10 Costa and Cifone [2012] ECR] to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?
2.
Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in Costa and Cifone to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?
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