28.8.2017   

EN

Official Journal of the European Union

C 283/14

1.

Is Article 263(1), (2) and (5) of the Treaty on the Functioning of the European Union, read in conjunction with Article 256(1) thereof, to be interpreted as meaning that the Courts of the European Union have jurisdiction, or that the national courts have jurisdiction, in an action challenging decisions to initiate procedures, measures of inquiry and non-binding proposals adopted by the competent national authority (as specified in paragraph 1 of the present order) in proceedings governed by Articles 22 and 23 of Directive 2013/36/EU (1) of the European Parliament and of the Council of 26 June 2013, by Articles 1(5), 4(1)(c) and 15 of Council Regulation (EU) No 1024/2013 (2) of 15 October 2013, by Articles 85, 86 and 87 of Regulation (EU) No 468/2014 (3) of the European Central Bank of 16 April 2014 and by Articles 19, 22 and 25 of the Italian Banking Act?

2.

In particular, may the jurisdiction of the Courts of the European Union be asserted when the abovementioned measures are challenged, not in a general action for annulment, but in an action for a declaration of invalidity on the grounds of breach or circumvention of the ruling in Judgment No 882/2016 of 3 March 2016 of the Consiglio di Stato brought in accordance with Article 112 et seq. of the Italian Code of Administrative Procedure relating to compliance with a judgment (that is to say, in proceedings peculiar to Italian administrative procedural law), when the decision of the EU Courts involves the interpretation and identification, in accordance with national law, of the objective limits of the ruling given in the judgment in question?