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Case C-465/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 16 July 2018 — AV, BU v Comune di Bernareggio

ECLI:EU:UNKNOWN:62018CN0465

62018CN0465

July 16, 2018
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EN

Official Journal of the European Union

C 399/21

(Case C-465/18)

(2018/C 399/28)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellants: AV, BU

Respondent: Comune di Bernareggio

Question referred

Do the principles of freedom of establishment, non-discrimination, equal treatment, the protection of competition and freedom of movement for workers, referred to in Articles 45, 49 to 56 and 106 TFEU and in Articles 15 and 16 of the Charter of Fundamental Rights of the European Union, and the requirements of proportionality and reasonableness inherent in those principles, preclude a provision of national law, such as Article 12(2) of Law No 362/1991, which, in the event of the transfer of ownership of a municipal pharmacy, confers a right of pre-emption on the employees of the pharmacy in question?

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