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Case C-24/21: Request for a preliminary ruling from the Tribunale ordinario di Pordenone (Italy) lodged on 14 January 2021 — PH v Regione Autonoma Friuli Venezia Giulia
ECLI:EU:UNKNOWN:62021CN0024
62021CN0024
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27.9.2021
Official Journal of the European Union
C 391/2
(Case C-24/21)
(2021/C 391/03)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: PH
Defendant: Regione Autonoma Friuli Venezia Giulia
Questions referred
1.Is the ban imposed by Article 2.1 of Legge Regionale Friuli Venezia Giulia n. 5/2011, which introduces coexistence measures that amount to a ban on cultivating maize variety MON 810 in the territory of the region of Friuli Venezia Giulia (Italy), consistent with or contrary to the overall scheme of Directive 2001/18, particularly in the light of Regulation (EC) No 1829/2003 and Recommendation 2010/C 200/01?
2.Does that ban also constitute a measure having equivalent effect and is it thus contrary to Articles 34, 35 and 36 TFEU?
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 — Commission Declaration (OJ 2001 L 106, 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 (Text with EEA relevance) (OJ 2003 L 268, p. 1).
Commission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops (OJ 2010 C 200, p. 1).