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Case C-726/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Toscana (Italy) lodged on 22 November 2018 — FW, GY v U.T.G. — Prefettura di Lucca
ECLI:EU:UNKNOWN:62018CN0726
62018CN0726
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11.3.2019
EN
Official Journal of the European Union
C 93/25
(Case C-726/18)
(2019/C 93/34)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: FW, GY
Defendant: U.T.G. — Prefettura di Lucca
Questions referred
1.Does Article 20(4) of Directive 2013/33/EU preclude an interpretation of Article 23 of Legislative Decree No 142/2015 as meaning that conduct that infringes general rules of national law, not specifically reproduced in reception centre rules, may also constitute a serious breach of those rules if it potentially disrupts life within the reception centres?
In the event of an affirmative answer, the following further question is referred to, and requires an answer by, the Court:
2.Does Article 20(4) of Directive 2013/33/EU preclude an interpretation of Article 23 of Legislative Decree No 142/2015 as meaning that conduct on the part of the applicant for international protection that does not constitute a criminal offence punishable under the laws of the Member State may also be taken into consideration for the purpose of withdrawing reception measures, if that conduct might nevertheless potentially disrupt life within the centre in which the persons concerned are placed?
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ 2013 L 180, p. 96).
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Language of the case: Italian