18.5.2013

EN

Official Journal of the European Union

C 141/15

(Case C-106/13)

2013/C 141/26

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Francesco Fierro and Fabiana Marmorale

Defendants: Edoardo Ronchi and Cosimo Scocozza

Question referred

Does the national legislation of the Italian Republic — in particular, Article 33 of Law No 1150/42, which allows the municipalities to regulate the urban development of land and/or building works on that land within the boundaries of each municipality in accordance with the general principles laid down in that Law, in Article 1 of Law No 10/77 and in various laws adopted by the individual regions, read in conjunction with Article 2 of Presidential Decree No. 380 of 6 June 2001‘consolidating the legislative and regulatory provisions on building’ and with lower-ranking local rules (general land use plans, implementing rules) and Article 46 of Presidential Decree No 380/2001, which renders sales transactions void in the event of alterations to immovable property being made without proper authorisation — constitute a disproportionate and unreasonable encroachment on the right to property, albeit regulated by law, contrary to Article 1 of Protocol 1 to the European Convention for the Protection of Human Rights, read in conjunction with Article 6 [TEU] and Articles 17 and 52(3) of the [Charter of fundamental rights of the European Union]?