Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto (Italy) lodged on 8 June 2017 — Memoria Srl, Antonia Dall’Antonia v Comune di Padova

(Case C-342/17)

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

Question referred

Must Articles 49 and 56 of the Treaty on the Functioning of the European Union be interpreted as precluding the application of the following provisions of Article 52 of the Regulation on funeral services of the Municipality of Padua?

‘The recipient shall not in any circumstances be permitted to request a third party to keep the funeral urn. This prohibition shall apply even if the deceased expressly stated during his lifetime that such was his wish (third subparagraph).

It is obligatory to keep the urn solely at the home of the recipient (fourth subparagraph) …

In no circumstances may funeral urns be kept for profit and economic activities relating to, even non-exclusively, the keeping of funeral urns, for whatever purpose and for whatever period, shall therefore not be permitted. This prohibition shall apply even if the deceased expressly stated during his lifetime that such was his wish (tenth subparagraph).’

____________