# C_2006326EN.01004801.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/48 |
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30.12.2006

EN

Official Journal of the European Union

C 326/48

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Reference for a preliminary ruling from the Tribunale civile di Genova (Italy) lodged on 21 November 2006 — Consel Gi. Emme Srl v Sistema Logistico dell'Arco Ligure e Alessandrino Srl (SLALA)

(Case C-467/06)

(2006/C 326/97)

Language of the case: Italian

Referring court

Tribunale civile di Genova

Parties to the main proceedings

Applicant: Consel Gi. Emme Srl

Applicant:

Defendant: Sistema Logistico dell'Arco Ligure e Alessandrino Srl (SLALA)

Defendant:

Question referred

| 1. | Does Community law (with particular reference to Articles 43 EC and 49 EC, 82 EC, 86 EC and 87 EC) preclude a Member State from entrusting public services and the management of public infrastructure — on the basis of special legislation with characteristics similar to those of the provisions introduced into Italian law by Article 12 of Decree-Law No 262/06 of 3 October 2006 — to private-law companies (in this case, ANAS spa) which, at the same time, perform the function of regulating and controlling the particular market (of the kind conferred on ANAS spa by the legislation at issue), and are in a position to determine the substance, progress and possible termination of the contract of concession which exists between the State and competitors of the body on which that role has been conferred? |
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1.

Does Community law (with particular reference to Articles 43 EC and 49 EC, 82 EC, 86 EC and 87 EC) preclude a Member State from entrusting public services and the management of public infrastructure — on the basis of special legislation with characteristics similar to those of the provisions introduced into Italian law by Article 12 of Decree-Law No 262/06 of 3 October 2006 — to private-law companies (in this case, ANAS spa) which, at the same time, perform the function of regulating and controlling the particular market (of the kind conferred on ANAS spa by the legislation at issue), and are in a position to determine the substance, progress and possible termination of the contract of concession which exists between the State and competitors of the body on which that role has been conferred?

| 2. | Is a rule (such as the rule introduced by the Italian State under the aforementioned Article 12 of Decree-Law No 262/06 of 3 October 2006) which integrates or actually modifies (in particular by replacing them with a sole agreement, adopted by administrative act) the contractual agreements already in place, thereby substantially changing the balance of contractual relations, compatible with Community law (from the perspective of Community law itself or, at least, of law with Community relevance, concerning the freedom to engage in commercial activities, in the light of the case-law of the Court of Justice on this point)? |
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2.

Is a rule (such as the rule introduced by the Italian State under the aforementioned Article 12 of Decree-Law No 262/06 of 3 October 2006) which integrates or actually modifies (in particular by replacing them with a sole agreement, adopted by administrative act) the contractual agreements already in place, thereby substantially changing the balance of contractual relations, compatible with Community law (from the perspective of Community law itself or, at least, of law with Community relevance, concerning the freedom to engage in commercial activities, in the light of the case-law of the Court of Justice on this point)?

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