Concu and Melis (Order) French Text [2015] EUECJ C-457/14_CO (12 February 2015)

Concu and Melis (Order) French Text [2015] EUECJ C-457/14_CO (12 February 2015)

Articles 49 and 56 TFEU and the principles of equality of treatment and effectiveness do not preclude national legislation that organizes a new call for tenders for gambling concessions of shorter duration than previous concessions, where this is due to a reorganization of the system by aligning the expiry dates of concessions.

Citation
[2015] EUECJ C-457/14_CO
Parties
Defendant: Claudia Concu; Defendant: Isabella Melis; Referring Court: Tribunale di Cagliari
Jurisdiction
European Union
Judgment Date
12 February 2015
Procedural Posture
Preliminary Reference (article 267 Tfeu) in Criminal Proceedings / Order on Preliminary Reference
Outcome
Preliminary reference answered; national legislation not precluded by EU law as interpreted.
Legal Topics
Freedom of Establishment, Freedom to Provide Services, Gambling Regulation, Public Procurement, Equality of Treatment, Effectiveness of EU Law
European Union Law Criminal Law Freedom of Establishment Freedom to Provide Services Gambling Regulation Public Procurement Equality of Treatment Effectiveness of EU Law

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Parties

Claudia Concu

Defendant

Isabella Melis

Defendant

Tribunale di Cagliari

Referring Court

Procedural Posture

Preliminary Reference (article 267 Tfeu) in Criminal Proceedings / Order on Preliminary Reference

Legal Issues

  1. 1 Whether Articles 49 and 56 TFEU and the principles of equality of treatment and effectiveness preclude national legislation providing for a new call for tenders for gambling concessions of shorter duration than previous concessions due to a reorganization aligning concession expiry dates.

Ratio Decidendi

Articles 49 and 56 TFEU and the principles of equality of treatment and effectiveness do not preclude national legislation that organizes a new call for tenders for gambling concessions of shorter duration than previous concessions, where this is due to a reorganization of the system by aligning the expiry dates of concessions.

Court Disposition

Preliminary reference answered; national legislation not precluded by EU law as interpreted.

Orders

  • Articles 49 and 56 TFEU and the principles of equality of treatment and effectiveness do not preclude national legislation organizing a new call for tenders for concessions of shorter duration due to system reorganization and alignment of concession expiry dates.
  • Costs to be determined by the referring court.