26.1.2013   

EN

Official Journal of the European Union

C 26/26


Reference for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 7 November 2012 — Antonella Pedone v Maria Adele Corrao

(Case C-498/12)

2013/C 26/50

Language of the case: Italian

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Applicant: Antonella Pedone

Defendant: Maria Adele Corrao

Questions referred

1.

Does Article 130 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that amounts payable to the defending council, the auxiliary to the judge and the court legal assessor are to be reduced by half — comply with Article 47(3) of the Charter of Fundamental Rights of the European Union, which stipulates that legal aid is to be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice?

2.

Does Article 130 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that amounts payable to the defending counsel, the auxiliary to the judge and the court legal assessor are to be reduced by half — comply with Article 6 of the European Convention for the Protection of Human Rights, as transposed into Community law by Article 52(3) of the Charter of Fundamental Rights of the European Union and by Article 6 [TFEU]?