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Case C-121/16: Request for a preliminary ruling from the Tribunale civile e penale di Cagliari (Italy) lodged on 29 February 2016 — Salumificio Murru SpA v Autotrasporti di Marongiu Remigio

ECLI:EU:UNKNOWN:62016CN0121

62016CN0121

February 29, 2016
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Official Journal of the European Union

C 200/5

(Case C-121/16)

(2016/C 200/08)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Salumificio Murru SpA

Defendant: Autotrasporti di Marongiu Remigio

Questions referred

1.Must Article 101 TFEU, in conjunction with Article 4(3) TEU, be interpreted as precluding national legislation, such as that provided for in Article 83bis(10) of Legislative Decree 112/2008, in so far as the price of road haulage services on behalf of third parties may not be lower than minimum operating costs determined by the Ministry of Infrastructure and Transport and is not left to be freely determined by the contracting parties?

2.In the light of the Ministry of Infrastructure and Transport’s status of public authority, may the competition rules in the internal market be restricted by the national legislation in order to pursue the aim of maintaining road safety?

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