Official Journal of the European Union

C 113/11

(Case C-384/08) (<span class="super">1</span>)

(Articles 43 EC and 48 EC - Regional legislation laying down mandatory minimum distances between roadside service stations - Jurisdiction of the Court and admissibility of the reference for a preliminary ruling - Freedom of establishment - Restriction)

2010/C 113/14

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Attanasio Group Srl

Defendant: Comune di Carbognano

Intervening party: Felgas Petroli Srl

Re:

Reference for a preliminary ruling — Tribunale amministrativo regionale per il Lazio (Italy) — Compatibility of national provisions laying down mandatory minimum distances between roadside petrol stations with Articles 43, 48, 49 and 56 EC and the principles of non-discrimination.

Operative part of the judgment

Article 43 EC, read in conjunction with Article 48 EC, is to be interpreted as meaning that domestic provisions such as those at issue in the main proceedings, which lay down mandatory minimum distances between roadside service stations, constitute a restriction on the freedom of establishment enshrined in the EC Treaty. In circumstances such as those in the main proceedings, that restriction does not appear to be justified by the objectives of road safety, protection of health and the environment, or the rationalisation of the service provided to users, these being matters for the national court to verify.

(<span class="super">1</span>) OJ C 301, 22.11.2008.