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?
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