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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
ECLI:EU:UNKNOWN:62011CN0470
62011CN0470
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Valentina R., lawyer
12.11.2011
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
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?