16.11.2015

EN

Official Journal of the European Union

C 381/16

(Case C-449/15)

(2015/C 381/19)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Regione autonoma della Sardegna

Defendant: Comune di Portoscuso

Question referred

Do the principles of freedom of establishment, non-discrimination and safeguarding competition, respectively laid down in Articles 49, 56 and 106 TFEU, and the precept of reasonableness implicit therein, preclude national legislation under which the validity of concessions of economically significant publicly-owned maritime, lakeside and waterway assets is to be repeatedly extended through a succession of legislative acts, the duration of that validity being statutorily increased for at least 11 years, with the effect that the same concessionaire retains the exclusive right to exploit the asset economically, even though the period of validity under the concession awarded to that concessionaire has meanwhile expired, whereby interested economic operators are deprived of any opportunity of obtaining a concession for the asset on the basis of a public tendering procedure?

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