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.