1.7.2006   

EN

Official Journal of the European Union

C 154/7


Reference for a preliminary ruling from the Tribunale civile di Bolzano lodged on 28 March 2006 — Eurodomus SrL v Comune di Bolzano

(Case C-166/06)

(2006/C 154/15)

Language of the case: Italian

Referring court

Tribunale civile di Bolzano (Italy)

Parties to the main proceedings

Applicant: Eurodomus SrL

Defendant: Comune di Bolzano

Questions referred

1.

Does a regulatory authority which, in the exercise of its powers, may affect the substantive economic position of the applicant, infringe Community law by introducing legal measures which disapply a decision of an administrative court that is res judicata?

2.

Did the Provincia Autonoma di Bolzano infringe Community law by adopting Article 107 c. 25 LP No 13/1997, which, by amending town planning legislation, removed the consent for commercial purposes granted in respect of buildings constructed with building consent in accordance with previous town planning legislation under which consent for commercial purposes had been granted for those buildings?

3.

By adopting and implementing the Provincia Autonoma di Bolzano's obstructive measure ‘tout court’, did the Commissario del governo italiano also infringe Community law?