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Case C-364/24, Dalfardo: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 17 May 2024 – PH, on his own account and as owner of the agricultural holding In Trois v Ministero dell’Agricoltura, della Sovranità Alimentare e delle Foreste
ECLI:EU:UNKNOWN:62024CN0364
62024CN0364
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Official Journal of the European Union
C series
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C/2024/5078
26.8.2024
Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 17 May 2024 – PH, on his own account and as owner of the agricultural holding ‘In Trois’ v Ministero dell’Agricoltura, della Sovranità Alimentare e delle Foreste
(Case C-364/24, Dalfardo)
(C/2024/5078)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant at first instance and appellant: PH, on his own account and as owner of the agricultural holding ‘In Trois’
Defendant at first instance and respondent: Ministero dell’Agricoltura, della Sovranità Alimentare e delle Foreste
Questions referred
1.Are Articles 26b and 26c of Directive 2001/18/EC, as amended by Directive (EU) 2015/412, compatible with Article 34 of Regulation No 1829/2003, Article 3 TEU, Articles 2, 3, 26, 34, 35 and 36 TFEU and Articles 16 and 52 of the Charter of Fundamental Rights of the European Union?
2.If the above question is answered in the negative, may Commission Implementing Decision (EU) 2016/321 of 3 March 2016, adopted on the basis of Article 26c of Directive 2001/18/EC, be disregarded by the referring court or declared invalid on the ground that that Article 26c has been found not to comply with the higher-ranking rules of the TEU and the TFEU?
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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 2015 amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory (OJ 2015 L 68, p. 1).
Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p. 1).
Commission Implementing Decision (EU) 2016/321 of 3 March 2016 adjusting the geographical scope of the authorisation for cultivation of genetically modified maize (Zea mays L.) MON 810 (MON-ØØ81Ø-6) (notified under document C(2016) 1231) (OJ 2016 L 60, p. 90).
Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1).
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ELI: http://data.europa.eu/eli/C/2024/5078/oj
ISSN 1977-091X (electronic edition)
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