La Corte di giustizia torna sull’interpretazione dell’art. 267 TFUE: il caso Puligienica (PFE) di Saverio Tassone
Abstract – With the ruling Puligienica the European Court of Justice is back on two important issues, one concerning the interpretation of art. 1 par. 3 of directive 89/665 / EEC; and the other, the relationship between art. 99 cod. proc. amm. and art. 267 TFEU in relation to the obligation of the judge of the last instance to refer the preliminary ruling to the Court of Justice. The interpretation given by the Court of Justice in its judgment in question precludes the Italian administrative court to remit to the exclusive evaluation of the plenary meeting of the State Council the decision on the preliminary ruling to the European Court of Justice and/or the resolution of the litigation, omitting to apply the basic principle of uniformity with European Union law of the Member States.
Keywords – Puligienica, interpretation, resolution, administrative court, 256 TFUE.