30.11.2015

Official Journal of the European Union

C 398/21

(Case C-520/15)

(2015/C 398/26)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellant: Aiudapds — Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery e dei Centri di Chirurgia Ambulatoriale

Respondents: Agenzia Italiana del Farmaco (AIFA) and Ministero della Salute

Other parties: Roche SpA, Novartis Farma SpA, and Regione Marche

Question referred

Do the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union (2000/C 364/01), in which it is stated that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law and which guarantees the right to a fair trial, Article 54 of that Charter which prohibits abuse of that right, and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, in which it is stated that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, preclude national legislation which, pursuant to Article 10 of Presidential Decree No 1199 of 24 November 1971 and Article 48 of Legislative Decree No 104 of 2 July 2010, enables only one of the parties to extraordinary proceedings brought exclusively before the Consiglio di Stato to have those proceedings transferred at first instance to a Tribunale Amministrativo Regionale without the approval or participation of the appellant or any other party to those proceedings?