Language of document :

Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 11 September 2018 — Caseificio Cirigliana Srl and Others v Ministero delle Politiche agricole, alimentari e forestali and Others

(Case C-569/18)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants at first instance and appellants in the present proceedings: Caseificio Cirigliana Srl, Mail Srl, Sorì Italia Srl

Defendants at first instance and respondents in the present proceedings: Ministero delle Politiche agricole, alimentari e forestali, Presidenza del Consiglio dei Ministri, Ministero della Salute

Question referred

Should Articles 3, 26, 32, 40 and 41 of the TFEU and Articles 1, 3, 4, 5 and 7 of Regulation 1151/2012/EU 1 on the Protected Designation of Origin, which require Member States to guarantee both free competition in respect of goods within the European Union and protection for quality schemes to support less favoured agricultural areas, be interpreted as precluding a restriction being imposed under national law (Article 4 of Decree Law No 91 of 24 June 2014, as converted into law by Law No 116 of 11 August 2014) on the production of PDO Mozzarella di Bufala Campana, which is to be made in factories dedicated exclusively to such production, in which the holding and storage of milk originating from farms not included in the monitoring system for PDO Mozzarella di Bufala Campana is prohibited?


1 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1).