Request for a preliminary ruling from the Tribunale ordinario di Pordenone (Italy) lodged on 14 January 2021 — PH v Regione Autonoma Friuli Venezia Giulia

(Case C-24/21)

(2021/C 391/03)

Language of the case: Italian

Referring court

Tribunale ordinario di Pordenone

Parties to the main proceedings

Applicant: PH

Defendant: Regione Autonoma Friuli Venezia Giulia

Questions referred

Is the ban imposed by Article 2.1 of Legge Regionale Friuli Venezia Giulia n. 5/2011, which introduces coexistence measures that amount to a ban on cultivating maize variety MON 810 in the territory of the region of Friuli Venezia Giulia (Italy), consistent with or contrary to the overall scheme of Directive 2001/18, (1) particularly in the light of Regulation (EC) No 1829/2003 (2) and Recommendation 2[0]10/C 200/01 (3)?

2.	Does that ban also constitute a measure having equivalent effect and is it thus contrary to Articles 34, 35 and 36 TFEU?

(1) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC — Commission Declaration (OJ 2001 L 106, p. 1).

(2) Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (Text with EEA relevance) (OJ 2003 L 268, p. 1).

(3) Commission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops (OJ 2010 C 200, p. 1).