Official Journal of the European Union

C 139/14

(Case C-107/11)

2011/C 139/27

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Ministero dell’Interno, Questura di Caltanissetta

Defendant: Massimiliano Rizzo

Questions referred

Is the national legislation introduced initially by the Bersani Decree — namely, Decree-Law No 223 of 4 July 2006, converted into Law No 248 of 4 August 2006 — compatible with Articles 43 and 49 of the EC Treaty, and specifically as regards the national rules which, inter alia:

(a)tend generally to protect holders of licences issued at an earlier period on the basis of a procedure under which some operators were unlawfully excluded;

(b)ensure de facto the maintenance of commercial positions already acquired (by, for example, prohibiting new licensees from locating their kiosks at a distance from existing kiosks which falls short of the specified minimum);

(c)make it possible for the licence to lapse in cases where the licensee engages, directly or indirectly, in cross-border gaming activities analogous to those covered by the licence?