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Case C-165/10: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio lodged on 2 April 2010 — Cosmia Barberio v Ministero dell’Interno
ECLI:EU:UNKNOWN:62010CN0165
62010CN0165
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19.6.2010
Official Journal of the European Union
C 161/29
(Case C-165/10)
(2010/C 161/39)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Cosmia Barberio
Defendant: Ministero dell’Interno
Question referred
Is a national system under national legislation (introduced as from the Bersani Decree, 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, when it, inter alia:
(a)tends generally to protect holders of licences issued at an earlier period following a tendering procedure that unlawfully excluded some operators;
(b)in fact ensures the maintenance of acquired commercial positions (by, for example, prohibiting new licensees from locating their kiosks within a specified distance of those already in existence);
(c)provides for cases in which the licence may lapse when the licensee directly or indirectly carries on cross-border gaming activities analogous to those under the licence?