 |
Official Journal of the European Union | EN C series |
|---|---|---|
| C/2026/298 | 26.1.2026 |
Request for a preliminary ruling
- Language of the case: Italian
- Referring court: Consiglio di Stato
- Parties to the main proceedings
- Defendants at first instance and appellants: Ministero dell’Agricoltura, della Sovranità Alimentare e delle Foreste, Ministero dell’Ambiente e della Sicurezza Energetica, Ministero della Salute
- Applicant at first instance and respondent: Società Agricola Jure Srl
Questions referred
| # | Question |
|---|---|
| 1 | Do Article 38 TFEU and the relevant provisions of Directives 2002/53/EC and 2002/57/EC and Regulations (EU) Nos 1307/2013, 1308/2013, 2021/2115 and 2022/126 preclude national legislation such as that resulting from the combined provisions of Articles 14 and 17 and Table II of Presidential Decree No 309/90 and Articles 1 and 2 of Law No 242/2016, in the version in force until 11 April 2025, as interpreted by diritto vivente (established and uniform case‑law), in so far as that legislation does not permit the cultivation and use of the Cannabis sativa plants belonging to the varieties listed in the common catalogue of varieties of agricultural plant species covered by Directive 2002/53/EC whose tetrahydrocannabinol content does not exceed that fixed in accordance with Article 32(6) and Article 35(3) of Regulation (EU) No 1307/2013 for the purpose of using (i) leaves, (ii) inflorescences, (iii) oil and (iv) resin, irrespective of the level of THC present in those parts of the plant and, as regards oil, without distinguishing between oil extracted from seeds and oil extracted from inflorescences and leaves, thereby also effectively prohibiting the production and marketing of oil extracted from the seeds of the plant? |
| 2 | Do Articles 34, 35 and 36 TFEU, in addition to Council Framework Decision 2004/757/JHA of 25 October 2004 and the aforementioned provisions of Regulations (EC) Nos 178/2002 and 1223/2009, preclude national legislation such as that resulting from the combined provisions of Articles 14 and 17 and Table II of Presidential Decree No 309/90 and Articles 1 and 2 of Law No 242/2016, in the version in force until 11 April 2025, as interpreted by diritto vivente (established and uniform case‑law), in so far as that legislation does not permit the cultivation and use of the Cannabis sativa plants belonging to the varieties listed in the common catalogue of varieties of agricultural plant species covered by Directive 2002/53/EC whose tetrahydrocannabinol content does not exceed that fixed in accordance with Article 32(6) and Article 35(3) of Regulation (EU) No 1307/2013 for the purpose of producing and marketing leaves, inflorescences and derivatives thereof, including cannabidiol extracted from the leaves and inflorescences of those plants? |
References
- Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ 2002 L 193, p. 1).
- Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ 2002 L 193, p. 74).
- Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (OJ 2013 L 347, p. 608).
- Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (OJ 2013 L 347, p. 671).
- Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) (OJ 2021 L 435, p. 1).
- Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 supplementing Regulation (EU) 2021/2115 with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 (OJ 2022 L 20, p. 52).
ELI: http://data.europa.eu/eli/C/2026/298/oj
ISSN 1977-091X (electronic edition)