25.5.2013   

EN

Official Journal of the European Union

C 147/8


Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 19 February 2013 — Società cooperativa Madonna dei Miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

(Case C-82/13)

2013/C 147/15

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Società cooperativa Madonna dei Miracoli

Respondents: Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

Questions referred

1.

Is it the case that the European Commission has cancelled the grant of the Community contribution and what was the decision adopted?

In the alternative:

2.

What legal effect is to be attached to the Commission’s failure to act, as a result of which the Community contribution was not paid?

3.

Does the Commission’s failure to act by non-disbursement of the Community contribution preclude the application of Article 42(a) of Abruzzo Regional Law 31/82, under which the appellant was granted the regional contribution ancillary to the Community contribution and, consequently, [does that failure] preclude payment of the regional contribution?

At all events:

4.

What are the obligations incumbent on the Italian State in the case of the European Commission’s persistent failure to act?