Reference for a preliminary ruling from the Consiglio di Stato — Second Chamber (Italy) lodged on 24 January 2011 — Pioneer HI-Bred Italia Srl v Ministero delle Politiche Agricole e Forestali

(Case C-36/11)

2011/C 89/22

Language of the case: Italian

Referring court

Consiglio di Stato — Second Chamber

Parties to the main proceedings

Applicant: Pioneer HI-Bred Italia Srl

Defendant: Ministero delle Politiche Agricole e Forestali

Question referred

Where a Member State has chosen to make authorisation to cultivate GMOs, even those listed in the European common catalogue, conditional upon compliance with appropriate general measures for ensuring coexistence with conventional and organic farming, must Article 26a of Directive 2001/18/EC, (1) read in the light of Recommendation 2003/556/EC (2) and subsequent Recommendation [2010/C 200/01], (3) be interpreted as meaning that, in the period preceding adoption of the general measures: (a) authorisation must be issued where the application concerns GMOs listed in the European common catalogue; or (b) consideration of the application for authorisation must be suspended until such time as the general measures have been adopted; or (c) authorisation must be issued, but coupled with appropriate requirements for preventing, in the specific case, contact — including unintended contact — between authorised GM crops and surrounding conventional or organic crops?

(1)  OJ 2001 L 106, p. 1.

(2)  OJ 2003 L 189, p. 36.

(3)  OJ 2010 C 200, p. 1.