Judgment of the Court (Third Chamber) of 28 January 2016 (request for a preliminary ruling from the Tribunale di Frosinone — Italy) — Criminal proceedings against Rosanna Laezza

(Case C-375/14) (1)

((Reference for a preliminary ruling - Articles 49 TFEU and 56 TFEU - Freedom of establishment - Freedom to provide services - Betting and gaming - Judgment of the Court of Justice which declared the national rules on licences for the collection of bets incompatible with EU law - Reorganisation of the system by way of a new call for tenders - Free-of-charge transfer of the rights to use tangible and intangible assets owned by licensees and which constitute their network for the management and collection of bets. - Restriction - Overriding reasons in the public interest - Proportionality))

(2016/C 106/06)

Language of the case: Italian

Referring court

Tribunale di Frosinone

Party in the main proceedings

Rosanna Laezza

Operative part of the judgment

Articles 49 TFEU and 56 TFEU must be interpreted as precluding a restrictive national provision, such as that at issue in the main proceedings, which requires a licensee to transfer, free of charge, on the cessation of business as a result of the expiry of the final term of the licence, the rights to use tangible and intangible assets which he owns and which constitute his network for the management and collection of bets, in so far as that restriction goes beyond what is necessary to attain the objective actually pursued by that provision, which is for the referring court to verify.

(1)  OJ C 372, 20.10.2014.