Official Journal of the European Union

EN

C series

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C/2025/4571

(Case C-337/25, Futura)

(C/2025/4571)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Futura Srl

Defendants: Ufficio circondariale marittimo di Pozzuoli, Ministero delle Infrastrutture e dei Trasporti, Compartimento Marittimo di Pozzuoli, Compartimento Marittimo di Napoli

Questions referred

Is Regulation (EU) 2017/352 (1) on the provision of port services to be interpreted as applying to the technical/nautical service of lighterage, and, if so, do the provisions of that regulation preclude the application of Italian legislation reserving the operation of the service, not preceded by a public selection procedure and with no time limit, in a given port, for a corporate legal entity specifically identified by the competent authority and under its supervision, whose members (on a non-exclusive basis) have passed a public selection procedure for linesmen/boatmen and are listed in the appropriate registers provided for by national law?

In any case, do the principles of freedom of establishment and freedom to provide services provided for in Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) and, more generally, the principles of free competition and the free market, read in conjunction with Article 106(2) TFEU, preclude the interpretation or application of domestic legislative provisions, or implementing practices based on those provisions, which grant the competent authority the discretion to select a corporate entity as the operator of the lighterage service in a given port, on an exclusive basis, without setting a limit on the duration?

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(1) Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ 2017 L 57, p. 1).

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ELI: http://data.europa.eu/eli/C/2025/4571/oj

ISSN 1977-091X (electronic edition)

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