# C_2016279EN.01001301.xml

| 1.8.2016 | EN | Official Journal of the European Union | C 279/13 |
| --- | --- | --- | --- |

1.8.2016

EN

Official Journal of the European Union

C 279/13

---

Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche (Italy) lodged on 28 April 2016 — Nerea SpA v Regione Marche

(Case C-245/16)

(2016/C 279/18)

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per le Marche

Parties to the main proceedings

Parties to the main proceedings

Applicant: Nerea SpA

Applicant:

Defendant: Regione Marche

Defendant:

Questions referred

Questions referred

| 1. | First of all, does Article 1(7)(c) of Regulation No 800/2008 (1) concern only those procedures that may be opened by administrative or judicial authorities of the Member States of their own motion (in Italy, for example, insolvency procedures) or does it also concern procedures that may be opened only at the request of the economic operator concerned (as is the case in the national law for an arrangement with creditors)? The question arises because the provision refers to ‘being the subject of’ collective insolvency proceedings. |
| --- | --- |

1.

First of all, does Article 1(7)(c) of Regulation No 800/2008 (1) concern only those procedures that may be opened by administrative or judicial authorities of the Member States of their own motion (in Italy, for example, insolvency procedures) or does it also concern procedures that may be opened only at the request of the economic operator concerned (as is the case in the national law for an arrangement with creditors)? The question arises because the provision refers to ‘being the subject of’ collective insolvency proceedings.

1

| 2. | If were to be concluded that Regulation No 800/2008 concerns all collective proceedings, then, with specific reference to the instrument of an arrangement with creditors as a going concern under Article 186a of Royal Decree No 267/1942, must Article 1(7)(c) of Regulation No 800/2008 be interpreted as meaning that the mere fact that the requirements for opening collective proceedings exist in relation to an operator who applies for assistance from the structural funds prevents such financing being granted, or requires the administering national authority to withdraw the financing already granted or, on the contrary, that the situation of difficulty must be appraised in the specific case, bearing in mind, for instance, the timing of the procedure, the economic operator’s honouring of the undertakings given and any other relevant factor? |
| --- | --- |

2.

If were to be concluded that Regulation No 800/2008 concerns all collective proceedings, then, with specific reference to the instrument of an arrangement with creditors as a going concern under Article 186a of Royal Decree No 267/1942, must Article 1(7)(c) of Regulation No 800/2008 be interpreted as meaning that the mere fact that the requirements for opening collective proceedings exist in relation to an operator who applies for assistance from the structural funds prevents such financing being granted, or requires the administering national authority to withdraw the financing already granted or, on the contrary, that the situation of difficulty must be appraised in the specific case, bearing in mind, for instance, the timing of the procedure, the economic operator’s honouring of the undertakings given and any other relevant factor?

---

(1)  Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (OJ 2008 L 214, p. 3).

1

---