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Document 62011CN0539

Case C-539/11: Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 21 October 2011 — Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara

SL C 370, 17.12.2011, p. 20–21 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

17.12.2011   

EN

Official Journal of the European Union

C 370/20

Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 21 October 2011 — Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara

(Case C-539/11)

2011/C 370/33

Language of the case: Italian

Referring court

Consiglio di Giustizia Amministrativa per la Regione Siciliana

Parties to the main proceedings

Applicant: Ottica New Line di Accardi Vincenzo

Defendant: Comune di Campobello di Mazara

Intervening party: Fotottica Media Vision di Luppino Natale Fabrizio e.c. s.n.c.

Questions referred

1.

Must European Union law on the freedom of establishment and the freedom to provide services be interpreted as meaning that a provision of national law (in the present case, Article 1 of Law No 12/2004 of the Autonomous Region of Sicily) under which the establishment of opticians’ practices in the territory of a Member State (in the present case, in a part of that territory) is subject to restrictions based on population density and the distance between practices — restrictions which, in theory, constitute an infringement of those fundamental freedoms — reflects an overriding reason relating to the public interest, linked to the need to protect human health?

2.

If the answer to Question 1 is in the affirmative, then, under European Union law, must the restrictions based on population density (one practice for every 8 000 residents) and on distance (300 metres between one practice and the next), laid down by Law No 12/2004 of the Autonomous Region of Sicily for the establishment of opticians’ practices in the regional territory, be regarded as appropriate for the purposes of attaining the objective reflecting the abovementioned overriding reason relating to the public interest?

3.

If the answer to Question 1 is in the affirmative, then, under European Union law, are the restrictions based on population density (one practice for every 8 000 residents) and on distance (300 metres between one practice and the next), laid down by Law No 12/2004 of the Autonomous Region of Sicily for the establishment of opticians’ practices in the regional territory, proportionate — that is to say, not excessive — for the purposes of attaining the objective reflecting the abovementioned overriding reason relating to the public interest?
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