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Case C-517/20: Request for a preliminary ruling from the Tribunale di Ascoli Piceno (Italy) lodged on 13 October 2020 — Criminal proceedings against OL
ECLI:EU:UNKNOWN:62020CN0517
62020CN0517
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4.7.2022
Official Journal of the European Union
C 257/16
(Case C-517/20)
(2022/C 257/21)
Language of the case: Italian
Referring court
Party to the main proceedings
Questions referred
1.Do the principles of freedom of establishment, non-discrimination and safeguarding of competition laid down in Articles 49, 56 and 106 TFEU, and the precept of reasonableness implicit therein, preclude national legislation which, as a result of a national provision or act having the force of law, has the effect of extending existing licences and other collection rights, issued by means of invitations to tender or a regularisation procedure (without a tender), the normal deadline for which had already been set for June 2016?
2.Do Articles 49, 56 and 106 TFEU preclude national legislation which, by means of the direct-award mechanism, implemented via an extension, not preceded by an invitation to tender, unduly seals off a national market?
3.Do Articles 49, 56 and 106 TFEU preclude national legislation which, in the absence of a new tendering procedure, recognises all licences already declared unlawful by successive rulings of the Court of Justice of the European Union as valid in the national market, thereby preventing the entry of new foreign operators?