Official Journal of the European Union

C 209/27

Reference for a preliminary ruling from the Tribunale di Roma (Italy), made on 23 March 2010 — Criminal proceedings against Alessandro Sacchi

(Case C-255/10)


2010/C 209/38

Language of the case: Italian

Referring court

Tribunale di Roma

Party to the main proceedings

Alessandro Sacchi

Question referred

What interpretation is to be given to Articles 43 EC and 49 EC with reference to freedom of establishment and freedom to provide services in the sector of betting on sports events, regard being had also to the principle of effective judicial protection, in order to establish whether or not those Treaty provisions permit national rules establishing a State monopoly and a system of licences and authorisations which, within the context of a given number of licences,: (a) tend generally to protect holders of licences issued at an earlier period on the basis of a procedure that unlawfully excluded certain operators; (b) ensure the de facto maintenance of commercial positions acquired at the conclusion of a procedure that unlawfully excluded certain operators (by, for example, prohibiting new licensees from locating their betting outlets within a specified distance from those already in existence); (c) lay down cases in which the licence may lapse, with forfeiture of large guarantee deposits, including the case in which the licensee directly or indirectly carries on cross-border gaming activities analogous to those under the licence?