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Case C-437/24, Cirsa Italia: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 20 June 2024 – Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell’Economia e delle Finanze
ECLI:EU:UNKNOWN:62024CN0437
62024CN0437
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Official Journal of the European Union
C series
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C/2024/5494
23.9.2024
(Case C-437/24, Cirsa Italia)
(C/2024/5494)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Cirsa Italia SpA
Defendants: Agenzia delle Dogane e dei Monopoli, Ministero dell’Economia e delle Finanze
Questions referred
1.Must Directive 2014/23/EU on the award of concession contracts, as well as the general principles inferred from the Treaty (in particular Articles 49 and 56 TFEU), be interpreted as meaning that they may also apply to concessions for the constitution and operation of the online management network for gaming using entertainment and recreation machines, namely amusement with prizes (‘AWP’) machines and video lottery terminals (‘VLTs’), where those concessions were awarded by a public and open tendering procedure launched in 2011 and concluded in 2013, had subsequently expired and were extended by law (Article 1(124)(b) of legge 29 dicembre 2022 n. 197 (Law No 197 of 29 December 2022)), which entered into force after the directive’s entry into force and after the expiry of the period prescribed for its transposition?
2.If the first question is answered in the affirmative, must Directive 2014/23/EU, in addition to the general principles inferred from the Treaty (in particular Articles 49 and 56 TFEU), be interpreted as always guaranteeing the administration the discretion to initiate, at the request of the interested parties, an administrative procedure to amend the conditions for the exercise of the concessions (with or without a new tender procedure, depending on whether or not the renegotiation of the contractual balance qualifies as a substantial change), in cases where unforeseen and unforeseeable events not attributable to the parties occur that have a significant impact on the normal conditions of operating risk, for as long as those conditions persist and for the time required to reinstate, where possible, the concessions’ original operating conditions?
Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ 2014 L 94, p. 1).
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ELI: http://data.europa.eu/eli/C/2024/5494/oj
ISSN 1977-091X (electronic edition)
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