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Case C-593/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 20 November 2013 — Presidenza del Consiglio dei Ministri and Others v Rina Services SpA and Others
ECLI:EU:UNKNOWN:62013CN0593
62013CN0593
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Official Journal of the European Union
C 61/2
(Case C-593/13)
2014/C 61/02
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellants: Presidenza del Consiglio dei Ministri and Others
Respondents: Rina Services SpA and Others
Questions referred
1.Do the TFEU principles of freedom of establishment (Article 49 TFEU) and freedom to provide services (Article 56 TFEU) and the principles laid down in Directive 2006/123/EC (1) … preclude the adoption and application of national legislation under which SOAs constituted as limited companies ‘must have their seat in Italian territory’?
2.Must the derogation provided for in Article 51 TFEU be interpreted as covering an activity such as the certification carried out by private-law bodies which, on the one hand, are required to be formed as limited companies and operate in a competitive market and, on the other hand, are connected with the exercise of official authority and, for that reason, are subject to authorisation and rigorous controls by the Supervisory Authorities?
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).