# C_2013032EN.01001102.xml

| 2.2.2013 | EN | Official Journal of the European Union | C 32/11 |
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2.2.2013

EN

Official Journal of the European Union

C 32/11

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Reference for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 3 December 2012 — Claudio Loreti and Others v Comune di Zagarolo

(Case C-555/12)

2013/C 32/16

Language of the case: Italian

Referring court

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Parties to the main proceedings

Applicants: Claudio Loreti and Others

Applicants:

Defendant: Comune di Zagarolo

Defendant:

Questions referred

Questions referred

It is considered necessary to refer to the European Court of Justice of the European Union questions of interpretation for a preliminary ruling on:

| 1. | the compatibility of Article 7 of the Code of Administrative Procedure in force in the Italian Republic, which, pursuant to Article 103 of the Italian Constitution, provides that
  ‘[t]he administrative courts shall have jurisdiction to hear disputes concerning issues of legitimate interests and, in the specific areas laid down by law, disputes involving individual rights, relating to the exercise of or failure to exercise administrative powers in relation to measures, acts, agreements or conduct involving the exercise of those powers, including indirectly, on the part of public authorities. Acts or measures adopted by the Government in the exercise of political power may not be challenged before the courts’,
  with Article 6 of the [European Convention for the Protection of Human Rights and Fundamental Freedoms] and Articles 47 and 52(3) of the [Charter of Fundamental Rights of the European Union], as incorporated following the amendment of Article 6 [TEU]:






  (a) | in so far as it allocates to different judicial bodies the power to rule on individual legal situations which are distinguished in abstracto (legitimate interests and individual rights) but the positive identification of which is in fact difficult or indeed impossible in the absence of provisions specifying their actual content; |
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1.

the compatibility of Article 7 of the Code of Administrative Procedure in force in the Italian Republic, which, pursuant to Article 103 of the Italian Constitution, provides that

‘[t]he administrative courts shall have jurisdiction to hear disputes concerning issues of legitimate interests and, in the specific areas laid down by law, disputes involving individual rights, relating to the exercise of or failure to exercise administrative powers in relation to measures, acts, agreements or conduct involving the exercise of those powers, including indirectly, on the part of public authorities. Acts or measures adopted by the Government in the exercise of political power may not be challenged before the courts’,

with Article 6 of the [European Convention for the Protection of Human Rights and Fundamental Freedoms] and Articles 47 and 52(3) of the [Charter of Fundamental Rights of the European Union], as incorporated following the amendment of Article 6 [TEU]:

(a)

in so far as it allocates to different judicial bodies the power to rule on individual legal situations which are distinguished in abstracto (legitimate interests and individual rights) but the positive identification of which is in fact difficult or indeed impossible in the absence of provisions specifying their actual content;

| (b) | in so far as it provides that the courts have jurisdiction to rule on the same matters on the basis of criteria (the identification of different individual legal situations) which no longer reflect factual reality after the introduction of the possibility of bringing an action for compensation in respect of legitimate interests (for which provision is now made as of the year 2000 in order to bring domestic legislation in line with Community principles), with significant differences, including with regard to the procedural rules for bringing actions; |
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(b)

in so far as it provides that the courts have jurisdiction to rule on the same matters on the basis of criteria (the identification of different individual legal situations) which no longer reflect factual reality after the introduction of the possibility of bringing an action for compensation in respect of legitimate interests (for which provision is now made as of the year 2000 in order to bring domestic legislation in line with Community principles), with significant differences, including with regard to the procedural rules for bringing actions;

as well as, in general,

| 2. | on the compatibility of Article 103 of the Italian Constitution, in so far as it provides for and affords different forms of protection in respect of individual legal situations (referred to as legitimate interests) for which there is no equivalent under Community law, by conferring competence in this area on different judicial systems, the jurisdiction of which is altered from time to time. |
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2.

on the compatibility of Article 103 of the Italian Constitution, in so far as it provides for and affords different forms of protection in respect of individual legal situations (referred to as legitimate interests) for which there is no equivalent under Community law, by conferring competence in this area on different judicial systems, the jurisdiction of which is altered from time to time.

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