Case C-82/13: Order of the Court (Sixth Chamber) of 7 October 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Società cooperativa Madonna dei miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali (Request for a preliminary ruling — Common agricultural policy — Joint actions — Non-payment of financial aid by the Commission — Withdrawal by a Member State of its contribution — Question of fact — Internal situation — Manifest lack of jurisdiction of the Court — Description of the factual context — Insufficiency — Hypothetical question — Manifest inadmissibility)
Date: 2013-10-07
Institutions: Court of Justice
Subjects: EU aid, Member States' contribution, agricultural product, common agricultural policy, financial instrument, food processing, jurisdiction, marketing, payment








C_2013377EN.01000501.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/5





Order of the Court (Sixth Chamber) of 7 October 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Società cooperativa Madonna dei miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali
(Case C-82/13) (1)

(Request for a preliminary ruling - Common agricultural policy - Joint actions - Non-payment of financial aid by the Commission - Withdrawal by a Member State of its contribution - Question of fact - Internal situation - Manifest lack of jurisdiction of the Court - Description of the factual context - Insufficiency - Hypothetical question - Manifest inadmissibility)
2013/C 377/08
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Società cooperativa Madonna dei miracoli

Defendant: Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

Re:

Request for a preliminary ruling — Consiglio di Stato — Interpretation of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 185, p. 9), of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 374, p. 1), of Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (OJ 1990 L 91, p. 1), and of Commission Decision 90/342/EEC of 7 June 1990 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products (OJ 1990 L 173, p. 71) — Joint actions — Non-payment of financial aid by the Commission — Member State not having paid its contribution following the Commission’s failure to pay the aid

Operative part of the order







1.


The Court of Justice of the European Union manifestly lacks jurisdiction to answer the questions referred by the Consiglio di Stato (Italy).










2.


As to the remainder, the request for a preliminary ruling is manifestly inadmissible.






(1)  OJ C 147, 25.5.2013.