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Case C-510/22, Romaqua Group: Judgment of the Court (Ninth Chamber) of 21 September 2023 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Romaqua Group SA v Societatea Națională a Apelor Minerale SA and Agenția Națională pentru Resurse Minerale (Reference for a preliminary ruling — Articles 102 and 106 TFEU — Public undertakings — Freedom to conduct a business — Freedom of establishment — Undertaking that is wholly owned by a Member State and holds exclusive concessions for the exploitation of natural mineral water following an award without a competitive tendering procedure — National legislation allowing for the unlimited extension of the concession)
ECLI:EU:UNKNOWN:62022CA0510
62022CA0510
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Official Journal of the European Union
Series C
C/2023/635
13.11.2023
(Case C-510/22, (1) Romaqua Group)
(Reference for a preliminary ruling - Articles 102 and 106 TFEU - Public undertakings - Freedom to conduct a business - Freedom of establishment - Undertaking that is wholly owned by a Member State and holds exclusive concessions for the exploitation of natural mineral water following an award without a competitive tendering procedure - National legislation allowing for the unlimited extension of the concession)
(C/2023/635)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Romaqua Group SA
Respondents: Societatea Națională a Apelor Minerale SA and Agenția Națională pentru Resurse Minerale
Operative part of the judgment
Article 106(1) TFEU, read in conjunction with Article 102 TFEU, must be interpreted as precluding national legislation which grants the holder of an exclusive licence for the exploitation of mineral water springs the possibility of obtaining, without a competitive tendering procedure, an extension of its exploitation licence for successive five-year periods, where that legislation leads that licence holder, merely by exercising the preferential rights conferred upon it, to abuse its dominant position in a substantial part of the internal market or when those rights are liable to create a situation in which that licence holder is led to commit such abuses, which is for the referring court to assess on the basis of the matters of fact and law before it.
ELI: http://data.europa.eu/eli/C/2023/635/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Romanian.
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