Official Journal of the European Union

C 121/6

(Case C-16/23)

(2023/C 121/09)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellant: FA.RO. di YK & C. Sas

Respondent: Agenzia delle Dogane e dei Monopoli

Questions referred

1.Must Article 15 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1) and Articles 49, 56 and 106(2) TFEU be interpreted as precluding national legislation, such as that at issue in the main proceedings, which imposes restrictions on the authorisation of tobacco product outlets according to a minimum geographical distance between providers and according to the resident population?

2.Must Article 15 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and Articles 49, 56 and 106(2) TFEU be interpreted as precluding national legislation, such as that at issue in the main proceedings, which makes the authorisation of tobacco product outlets subject to compliance with pre-established criteria relating to the minimum geographical distance between suppliers and to the resident population, without allowing the competent public authority to assess other objective factual circumstances that demonstrate, even where the above-mentioned conditions are not satisfied[,] a need for a service in the case at issue?

(1)

OJ 2006 L 376, p. 36.