Case C‑260/04 European Court of Justice – EU vs. Italy (supported by Denmark and Spain) – judgement of 13 September 2007

JUDGMENT OF THE COURT (Fourth Chamber)

13 September 2007 (*)

(Failure to fulfil obligations – Freedom of establishment and freedom to provide services – Public service concessions – Renewal of 329 horse-race betting licences without inviting competing bids – Requirements of publication and transparency)

In Case C‑260/04,  ACTION under Article 226 EC for failure to fulfil obligations, brought on 17 June 2004,

Commission of the European Communities
vs.

Italian Republicsupported by:
Kingdom of Denmark and Kingdom of Spain

Judgment

1        By its application, the Commission of the European Communities seeks a declaration by the Court that, by renewing 329 licences for horse-race betting operations without inviting any competing bids, the Italian Republic has failed to fulfil its obligations under the EC Treaty and has, in particular, infringed the general principle of transparency and the publication requirement resulting from Articles 43 and 49 EC.

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