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Case C-206/13: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia (Italy) lodged on 18 April 2013 — Cruciano Siragusa v Regione Sicilia — Soprintendenza Beni Culturali e Ambientali di Palermo
ECLI:EU:UNKNOWN:62013CN0206
62013CN0206
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Official Journal of the European Union
C 207/10
(Case C-206/13)
2013/C 207/17
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Cruciano Siragusa
Defendant: Regione Sicilia — Soprintendenza Beni Culturali e Ambientali di Palermo
Questions referred
Do Article 17 of the Charter of Fundamental Rights of the European Union and the principle of proportionality, as a general principle of European Union law, preclude the application of a provision of national law such as Article 167(4)(a) of Legislative Decree No 42 of 2004, under which a ‘landscape compatibility clearance’ (autorizzazione paesaggistica) may not be issued by way of retrospective regularisation in any cases where human activity has resulted in an increase in floor area and volume, regardless of whether a specific appraisal has been undertaken as to whether the activity in question is compatible with the features of the landscape of the particular site which merit protection?