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Case C-368/19: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 6 May 2019 — Telecom Italia SpA and Others v Roma Capitale and Others

ECLI:EU:UNKNOWN:62019CN0368

62019CN0368

May 6, 2019
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Valentina R., lawyer

16.9.2019

EN

Official Journal of the European Union

C 312/3

(Case C-368/19)

(2019/C 312/03)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Telecom Italia SpA, Wind Tre SpA, Vodafone Italia SpA and Lindam Srl

Respondents: Roma Capitale, Regione Lazio, Vodafone Italia SpA, Telecom Italia SpA, Wind Tre SpA and Wind Telecomunicazioni SpA

Question referred

Does EU law preclude a provision of national legislation, such as Article 8(6) of legge 22 febbraio 2001, n. 36 (Law No 36 of 22 February 2001), which is understood and applied as allowing individual local authorities to define siting criteria for mobile telephone apparatus, which may be expressed in the form of prohibitions, such as a prohibition on placing antennae in specific areas or within a certain distance of a certain type of building?

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