Opinion of the Advocate General — ECLI:EU:C:2006:27
Date: 2006-01-12
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Freedom of movement for persons – Freedom of establishment – Freedom to provide services (Arts 43 EC, 49 EC and 86 EC) Articles 43 EC, 49 EC and 86 EC, and the principles of equal treatment, non‑discrimination on grounds of nationality and transparency do not preclude national legislation which allows a public authority to award a contract for the provision of a public service directly to a company of which it wholly owns the share capital, provided that the public authority exercises over that company control comparable to that exercised over its own departments and that that company carries out the essential part of its activities with the controlling authority. (see para. 33, operative part)