Saba (Order) French Text [2015] EUECJ C-652/13_CO (12 February 2015)

Saba (Order) French Text [2015] EUECJ C-652/13_CO (12 February 2015)

Articles 49 and 56 TFEU and the principles of equal 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 aligning concession expiry dates.

Citation
[2015] EUECJ C-652/13_CO
Parties
Defendant: Mirko Saba; Referring Court: Tribunale di Cagliari
Jurisdiction
European Union
Judgment Date
12 February 2015
Procedural Posture
Preliminary Reference (criminal) / Order on Preliminary Reference
Outcome
Preliminary reference answered; national legislation upheld.
Legal Topics
Freedom of Establishment, Freedom to Provide Services, Gambling Regulation, Public Procurement, Equal Treatment, Effectiveness of EU Law
European Union Law Criminal Law Administrative Law Freedom of Establishment Freedom to Provide Services Gambling Regulation Public Procurement Equal Treatment +1 more

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Parties

Mirko Saba

Defendant

Tribunale di Cagliari

Referring Court

Procedural Posture

Preliminary Reference (criminal) / Order on Preliminary Reference

Legal Issues

  1. 1 Whether Articles 49 and 56 TFEU and the principles of equal treatment and effectiveness preclude national legislation that organizes 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 equal 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 aligning concession expiry dates.

Court Disposition

Preliminary reference answered; national legislation upheld.

Orders

  • Articles 49 and 56 TFEU and the principles of equal treatment and effectiveness do not preclude national legislation organizing a new call for tenders for concessions of shorter duration due to reorganization aligning concession expiry dates.