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Case C-612/11: Reference for a preliminary ruling from the Tribunale di Milano (Italy) on 30 November 2011 — Criminal proceedings against Vincenzo Veneruso
ECLI:EU:UNKNOWN:62011CN0612
62011CN0612
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Official Journal of the European Union
C 65/4
(Case C-612/11)
2012/C 65/07
Language of the case: Italian
Referring Court
Party in the main proceedings
Questions referred
Do Articles 43 EC and 49 EC on freedom of establishment and the freedom to provide services in the sporting bets industry authorise national legislation establishing a monopoly regime and a system of concessions and authorisations which, in the context of a given number of concessions, makes provision for:
(a) the existence of a general tendency to protect the holders of concessions granted during an earlier period on the basis of a procedure which unlawfully excluded some of the operators;
(b) the presence of provisions which de facto guarantee the maintenance of commercial positions acquired at the end of a procedure which unlawfully excluded some of the operators (as, for example, the prohibition on new concession holders from installing their counters at less than a given distance from those already existing; and
(c) the fixing of hypotheses for the expiry of the concession and the acquisition of guarantees of a very high amount, such hypotheses including that in which the concessionnaire directly or indirectly operates cross-border gaming activities comparable with those forming the subject-matter of the concession?