Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 18 April 2011 — Econord SpA v Comune di Solbiate and Comune di Varese

(Case C-183/11)

2011/C 211/20

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Econord SpA

Defendants: Comune di Solbiate and Comune di Varese

Interested party: Aspem SpA

Question referred

Must the principle that the position of an individual public authority holding shares in a società strumentale [(a company set up to provide certain municipal services)] is immaterial also apply where one of the partner municipalities holds a single share in the società strumentale and the shareholders’ agreements entered into by the partner public authorities are not such as to give the shareholding municipality any effective power of control over the company, with the result that the company shareholding may be regarded merely as formal cover for a contract for the provision of services?