Case C-811/24, Pescheria Il Granchio Blu: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 26 November 2024 – Pescheria Il Granchio Blu di JC v Ministero delle Imprese e del Made in Italy
Date: 2024-11-26
Institutions: Court of Justice
Subjects: Italy, State aid, common organisation of markets, control of State aid, earthquake, fishery product, food processing, marketing, retail trade








C_202501522EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1522


17.3.2025






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 26 November 2024 – Pescheria Il Granchio Blu di JC v Ministero delle Imprese e del Made in Italy


(Case C-811/24, Pescheria Il Granchio Blu)

(C/2025/1522)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant and appellant: Pescheria Il Granchio Blu di JC

Defendant and respondent: Ministero delle Imprese e del Made in Italy

Questions referred







1.


Does the definition of ‘processing and marketing’ in Article 2[1](c) of Commission Regulation (EU) No 717/2014 of 27 June 2014 (1) also include the activity of retail of fishery products and is any exclusion from the scope of application of Regulation No 717/2014, based on the wording of that provision, compatible with the wording of Article 5(d) and (g) of Regulation (EU) No 1379/2013 (2) which defines retail in the common organisation of the markets in fishery products autonomously, or is such an exclusion incompatible with the general rules governing the fishery sector since Regulation No 1379/2013 in any event contains a definition of retail which includes it among the activities of the fishery sector (the Court is inclined to take the view that the exclusion is compatible)?










2.


Ultimately, is Commission Regulation (EU) No 717/2014 of 27 June 2014 applicable to the activity of retail of fishery products […] by reason of the relevance of retail to the fishery sector or its clear differentiation (the referring Court finds that latter view, which leads to the exclusion of retail activity from the scope of application of Regulation (EU) No 717/2014, more persuasive)?










3.


Does EU law preclude a national law which permits de minimis aid to be granted to undertakings which engage in the retail of fishery products eligible for subsidies in so far as they differ from industrial fishing and are included in the urban free zone established after the earthquake that occurred in central Italy?






(1)  Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ 2014 L 190, p. 45).

(2)  Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ 2013 L 354, p. 1).


ELI: http://data.europa.eu/eli/C/2025/1522/oj
ISSN 1977-091X (electronic edition)