Judgment of the Court (Third Chamber) of 14 November 2018 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Veneto — Italy) — Memoria Srl, Antonia Dall’Antonia v Comune di Padova

(Case C-342/17) (1)

((Reference for a preliminary ruling - Restrictions on freedom of establishment - Jurisdiction of the Court - Admissibility of the request for a preliminary ruling - Purely domestic situation - National legislation prohibiting any profit-making activity relating to the safekeeping of cinerary urns - Proportionality test - Coherence of national rules))

(2019/C 16/21)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Veneto

Parties to the main proceedings

Applicants: Memoria Srl, Antonia Dall’Antonia

Defendant: Comune di Padova

Intervener: Alessandra Calore

Operative part of the judgment

Article 49 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which prohibits, even despite the express wishes of the deceased, the recipient of a cinerary urn from entrusting its safekeeping to a third party, and requires him to store the urn in his home, unless it is entrusted to a municipal cemetery, and furthermore prohibits any activity carried out for profit relating, even non-exclusively, to the safekeeping of cinerary urns, on whatever basis and for whatever period.

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(1)  OJ C 309, 18.9.2017.