# C_2010328EN.01002501.xml

| 4.12.2010 | EN | Official Journal of the European Union | C 328/25 |
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4.12.2010

EN

Official Journal of the European Union

C 328/25

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Reference for a preliminary ruling from the Corte dei Conti, Sezione Giurisdizionale per la Regione Siciliana (Italy) lodged on 6 October 2010 — Teresa Cicala v Regione Siciliana

(Case C-482/10)

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2010/C 328/42

Language of the case: Italian

Referring court

Referring court

Corte dei Conti, Sezione Giurisdizionale per la Regione Siciliana

Parties to the main proceedings

Parties to the main proceedings

Applicant: Teresa Cicala

Applicant:

Defendant: Regione Siciliana

Defendant:

Questions referred

Questions referred

| 1. | Are the interpretation and application of Article 3 of Law 241/1990 and of Article 3 of Sicilian Regional Law 10/1991 — in relation to Article 1 of Law 241/90, which requires the Italian administrative authorities to apply the principles of European Union law, pursuant to the obligation to state reasons for the acts of public authorities laid down in the second paragraph of Article 296 of the Treaty on the Functioning of the European Union and in the third indent of Article 41(2) of the Charter of Fundamental Rights of the European Union — to the effect that measures of public authorities in a private-law form — that is to say, measures relating to individual rights and which are in any event mandatory, in matters relating to pensions — may be exempt from the obligation to state reasons, compatible with European Union law, and does such a case amount to infringement of an essential procedural requirement governing an administrative measure? |
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1.

Are the interpretation and application of Article 3 of Law 241/1990 and of Article 3 of Sicilian Regional Law 10/1991 — in relation to Article 1 of Law 241/90, which requires the Italian administrative authorities to apply the principles of European Union law, pursuant to the obligation to state reasons for the acts of public authorities laid down in the second paragraph of Article 296 of the Treaty on the Functioning of the European Union and in the third indent of Article 41(2) of the Charter of Fundamental Rights of the European Union — to the effect that measures of public authorities in a private-law form — that is to say, measures relating to individual rights and which are in any event mandatory, in matters relating to pensions — may be exempt from the obligation to state reasons, compatible with European Union law, and does such a case amount to infringement of an essential procedural requirement governing an administrative measure?

| 2. | Is the first sentence of Article 21g(2) of Law 241/1990, as interpreted by the administrative case-law — in relation to the obligation to state reasons for an administrative measure laid down by Article 3 of Law 241/1990 and by Sicilian Regional Law 10/1991, in conjunction with the obligation to state reasons for the acts of public authorities laid down by the second paragraph of Article 296 of the Treaty on the Functioning of the European Union and the third indent of Article 41(2) of the Charter of Fundamental Rights of the European Union — compatible with Article 1 of Law 241/1990, which requires the administrative authorities to apply the principles of European Union law, and, consequently, are the interpretation and application of that interpretation whereby the authorities may supplement a statement of reasons for an administrative measure in court proceedings compatible and admissible? |
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2.

Is the first sentence of Article 21g(2) of Law 241/1990, as interpreted by the administrative case-law — in relation to the obligation to state reasons for an administrative measure laid down by Article 3 of Law 241/1990 and by Sicilian Regional Law 10/1991, in conjunction with the obligation to state reasons for the acts of public authorities laid down by the second paragraph of Article 296 of the Treaty on the Functioning of the European Union and the third indent of Article 41(2) of the Charter of Fundamental Rights of the European Union — compatible with Article 1 of Law 241/1990, which requires the administrative authorities to apply the principles of European Union law, and, consequently, are the interpretation and application of that interpretation whereby the authorities may supplement a statement of reasons for an administrative measure in court proceedings compatible and admissible?

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