25.1.2016

EN

Official Journal of the European Union

C 27/9

(Case C-553/15)

(2016/C 027/12)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Undis Servizi Srl

Defendant: Comune di Sulmona

Questions referred

1.When the ‘essential activity’ undertaken by the controlled body is assessed, must an activity imposed on it by a non-shareholder public administration and undertaken in favour of non-shareholder public bodies also be taken into account?

2.When the ‘essential activity’ undertaken by the controlled body is assessed, must the contracts awarded to shareholder public bodies before the requirement of ‘similar control’ became applicable also be taken into account?