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Case C-501/10: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 19 October 2010 — Public Prosecutor’s Office v Raffaele Russo
ECLI:EU:UNKNOWN:62010CN0501
62010CN0501
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Valentina R., lawyer
18.12.2010
Official Journal of the European Union
C 346/34
(Case C-501/10)
()
2010/C 346/60
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Public Prosecutor’s Office
Defendant: Raffaele Russo
Questions referred
Can freedom of establishment and freedom to provide services be restricted in a national system founded on the grant of a limited number of licences and consequently of police authorisations which, inter alia:
1.tends generally to protect holders of licences issued at an earlier period following a tendering procedure which unlawfully excluded some operators;
2.actually safeguards acquired rights (prohibiting new licensees from locating their kiosks within a specified distance of those already in existence);
3.provides that the licence may lapse, including where the licence holder carries on, even indirectly, cross-border gaming activities analogous to those under the licence, with the consequent forfeiture of appreciable guarantee deposits?