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Document 62012CN0555
Case C-555/12: Reference for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 3 December 2012 — Claudio Loreti and Others v Comune di Zagarolo
Case C-555/12: Reference for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 3 December 2012 — Claudio Loreti and Others v Comune di Zagarolo
Case C-555/12: Reference for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 3 December 2012 — Claudio Loreti and Others v Comune di Zagarolo
OJ C 32, 2.2.2013, p. 11–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
2.2.2013 |
EN |
Official Journal of the European Union |
C 32/11 |
Reference for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 3 December 2012 — Claudio Loreti and Others v Comune di Zagarolo
(Case C-555/12)
2013/C 32/16
Language of the case: Italian
Referring court
Tribunale di Tivoli
Parties to the main proceedings
Applicants: Claudio Loreti and Others
Defendant: Comune di Zagarolo
Questions referred
It is considered necessary to refer to the European Court of Justice of the European Union questions of interpretation for a preliminary ruling on:
1. |
the compatibility of Article 7 of the Code of Administrative Procedure in force in the Italian Republic, which, pursuant to Article 103 of the Italian Constitution, provides that ‘[t]he administrative courts shall have jurisdiction to hear disputes concerning issues of legitimate interests and, in the specific areas laid down by law, disputes involving individual rights, relating to the exercise of or failure to exercise administrative powers in relation to measures, acts, agreements or conduct involving the exercise of those powers, including indirectly, on the part of public authorities. Acts or measures adopted by the Government in the exercise of political power may not be challenged before the courts’, with Article 6 of the [European Convention for the Protection of Human Rights and Fundamental Freedoms] and Articles 47 and 52(3) of the [Charter of Fundamental Rights of the European Union], as incorporated following the amendment of Article 6 [TEU]:
as well as, in general, |
2. |
on the compatibility of Article 103 of the Italian Constitution, in so far as it provides for and affords different forms of protection in respect of individual legal situations (referred to as legitimate interests) for which there is no equivalent under Community law, by conferring competence in this area on different judicial systems, the jurisdiction of which is altered from time to time. |