Since EU Law is applicable in the Member States, any dispute about the interpretation or validity must be raised before the national courts.

Indeed, the national courts must apply EU Law and, if they have doubts about its interpretation or its validity, may -- and sometimes must -- refer to the Court of Justice in Luxembourg for a preliminary ruling.
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The responsibility to apply EU Law and to enforce it, if necessary in cooperation with the Court of Justice of the European Union based in Luxembourg, rests in first instance on the national courts.

In fact, the national court called to decide on a matter (civil, criminal, administrative or tax) whose outcome depends on a EU rule/principle of Law can or should (as appropriate) stay the proceedings to refer to the Court of Justice a preliminary question on the correct interpretation or validity of that rule/principle in accordance with Article 267 TFEU (Treaty on the Functioning of the European Union)

The reference to the Court of Justice is a very important instrument of cooperation between national courts and the Court of Justice, as it provides to the former - for example - an interpretation of EU Law needed to resolve disputes before those courts (in cases - for instance - where both parties have relied on EU Law, but interpreting it in different ways, or where one party has invoked EU Law and the other national Law).

Although the reference ruling can only be initiated by decision of the national judge in the case, it is often highly advisable that one or the parties to the case urge the activation of this instrument.

During such a procedure, the parties to the national case have the right to submit (written and/or oral) observations to the Court of Justice. Thus, they have the opportunity to play an active role to try to induce the European Court to provide an interpretation (or a judgment on the validity) of Community rules favorable to their thesis.

Therefore, this is a tool that may prove decisive for the protection of the clients of the Firm.
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Under certain conditions, interested parties may also commence direct actions before the General Court of the European Union (whose decisions are then appealable before the Court of Justice) to request:

• the annulment of an act (Article 263 TFEU) or the declaration of failure to act (Article 265 TFEU) by the European institutions (and, in some cases, even by other bodies or agencies of the Union); and / or
• the payment of damages (Articles 268 and 340 TFEU) as a result of such acts or failures.

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The partners of the Firm have considerable experience with these procedures -- having appeared in almost seventy proceedings before the General Court and the Court of Justice of the European Union in Luxembourg.

We list here a few examples:

• antitrust (against sanctions imposed by the European Commission for participation in cartels and agreements deemed anti-competitive);
• State aid (granted to companies and declared incompatible with EU rules by the European Commission);
• tax Law (taxes on the raising of capital in relation to the registration provided for by Italian Law);
• customs (tariff classification of goods imported from non-EU countries);
• imports of agricultural products from third countries (in relation to the licensing system laid down by European Law for certain sectors (e,g. fruit and vegetables);
• European agricultural Law (premiums and funds provided by the various industry regulations);
• European fisheries Law (against prohibitions of use of certain fishing methods);
• environment (with regard to the protection against various forms of pollution);
• rights of the Members of the European Parliament (MEP) (assistance to MEPs in relation to their pension scheme and social security);
• administrative transparency of the EU institutions (against denial - total or partial - of access to documents);

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The Firm also regularly prepares, files and represents complaints to the European Commission in various sectors.

A complaint does not obviate the need, if any (also in order to avoid prescriptions or forfeitures), to bring forth a planned legal action at the national level; however, it can be a "strategic" tool for the purpose of better protection of the clients of the Firm.

In fact, a complaint can - if it appears well-founded - lead the Commission to pressure (if necessary, through the opening of formal "infringement proceedings" pursuant to Article 258 TFEU) the competent national authorities (central or local ) to amend the legislation or internal administrative practices considered contrary to the Community legislation or jurisprudence.

A complaint may also be directed to the case Law of national courts (especially to that of the higher courts) if contrary to European Law.

Complaints in competition matters (antitrust and State aid) are subject to special rules in terms of procedure and may lead, if they are deemed well-founded, to decisions of the European Commission to sanction or impose fines against the companies complained of.

Regardless of the industry, the complaint - sometimes - allows you to deposit as part of a national cause any pending notices - if favorable - that the European Commission shall provide the entity complainant.

Therefore, this is a tool that may prove decisive for the protection of clients of the Firm.

By way of example, and limited to the past five years, the Firm has filed complaints:

• against German companies suspected of breaking the rules of European competition Law (Articles 101 and 102 TFEU);
• against Italy for having planned and implemented fiscal measures to be considered State aid incompatible with the European rules (Articles 107 and 108 TFEU);
• against Italy for having planned and implemented fiscal measures which should be deemed State aid incompatible with the European rules (Articles 107 and 108 TFEU);
• against Italy for violation by the local customs authorities, of the Community legislation on the rights to health inspection;
• against Italy for violation by the Italian Supreme Court of the right to deduct VAT established by the European Court of Justice;
• against Poland for violation by the regional authorities of the European legislation on the environment and the principles of freedom of establishment and provision of services, having refused - it is believed for discriminatory reasons based on nationality - to a Polish company with Italian capital the authorization to operate a waste disposal plant in Poland.

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Finally, the Firm prepares, introduces and represents complaints to the European Ombudsman (in accordance with Article 228 TFEU) who investigates complaints about maladministration involving institutions and bodies of the European Union.

Who can complain to the European Ombudsman?

• nationals of a Member State of the European Union and persons residing in a Member State;
• businesses, associations and other entities that are established in the European Union.

As with other types of complaints, a complaint to the European Ombudsman - it is well to stress - does not obviate the necessity to initiate possible legal actions before the Tribunal of the European Union.

However, sometimes, it can be a useful alternative to other legal proceedings, as the European Ombudsman may decide to encourage amicable solutions that satisfy both the complainant and the institution.
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