CELEX: 62012CN0187
Language: en
Date: 2012-04-23 00:00:00
Title: Case C-187/12: Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 April 2012 — Società Fondiaria Industriale Romagnola (SFIR) SpA v Ministero delle Politiche Agricole Alimentari e Forestali

30.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/13
            
         Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 April 2012 — Società Fondiaria Industriale Romagnola (SFIR) SpA v Ministero delle Politiche Agricole Alimentari e Forestali
   (Case C-187/12)
   2012/C 194/20
   Language of the case: Italian
   
      Referring court
   
   Consiglio di Stato
   
      Parties to the main proceedings
   
   
      Appellant: Società Fondiaria Industriale Romagnola (SFIR) SpA
   
      Respondents: Ministero delle Politiche Agricole Alimentari e Forestali AGEA — Agenzia per le Erogazioni in Agricoltura
   
      Questions referred
   
   Must the full dismantling of the production facilities for sugar, isoglucose and inulin syrup, pursuant to Article 3 of Council Regulation (EC) No 320/2006, (1) the detailed rules for the implementation of which are set out in Commission Regulation (EC) No 968/2006, (2) be interpreted as meaning that the facilities to be dismantled are those necessary for production, as specifically laid down in the abovementioned Article 3 of the Council regulation, in accordance with which the Commission regulation must itself be interpreted, failing which the latter regulation will be invalid? Consequently, pursuant to the abovementioned Article 3 of Council Regulation No 320/2006 and Article 4 of Commission Regulation No 968/2006, do the facilities to be dismantled include only those intended for the production of sugar, isoglucose and inulin syrup, and the other facilities referred to in Article 4(1)(c) of Regulation No 968/2006, including packaging facilities, that have been left unused and must be dismantled and removed for environmental reasons? Consequently, may those facilities not linked to the production of sugar, isoglucose and inulin syrup, and not left unused but used for other activities such as, in this case, packaging, and not subject to the obligation of removal for environmental reasons be kept, because they are not subject to the dismantling obligation under the above Community regulations?
   
      (1)  OJ L 58, p. 42.
   
      (2)  OJ L 176, p. 32.