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Case C-82/13: 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

ECLI:EU:UNKNOWN:62013CN0082

62013CN0082

February 19, 2013
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25.5.2013

EN

Official Journal of the European Union

C 147/8

(Case C-82/13)

2013/C 147/15

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: 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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