1.

Must Article 5(1) and (2) of Regulation No 1370/2007 (1) be interpreted as meaning that the rules referred to in Article 5(2) on the direct award of a public passenger transport service contract to an in-house company require a check on whether there is a transfer of the operating risk to the internal operator that is awarded the contract and that it does not apply where there is no such transfer of risk, or does the provision obviate the analysis of the transfer of operating risk altogether on the ground that an in-house company – which is subject to the requirement of similar control – is not an entity distinct from the administration?

2.

Does [EU] law, in particular Article 5(2) [of] Regulation [No 1370/2007], with regard to the direct award to an internal operator of a public passenger transport service contract, in so far as it provides that such an award is possible ‘unless prohibited by national law’, preclude national legislation, of the kind provided for in Article 192(2) [of decreto legislativo (Legislative Decree) No 50/2016], which, while not prohibiting recourse to in-house providers altogether, allows it but subject to restrictions and, in particular, permits the authorities to use that model only where there is a proven situation of market failure, and not on the sole basis of an assessment of economic/administrative convenience?