Reference for a preliminary ruling from the Tribunale ordinario di Nocera Inferiore (Italy), lodged on 10 September 2007 — Lodato Gennaro & C. SpA v Istituto nazionale della previdenza sociale (INPS), SCCI

(Case C-415/07)

(2007/C 283/30)

Language of the case: Italian

Referring court

Il Tribunale ordinario di Nocera Inferiore

Parties to the main proceedings

Applicant: Lodato Gennaro & C. SpA

Defendants: Istituto nazionale della previdenza sociale (INPS), SCCI

Question referred

Is the Community law laid down in the Guidelines on aid to employment, the Guidelines on national regional aid and Commission Regulation (EC) No 2204/2002 of 5 December 2002 (1) to be interpreted as meaning that, in order to determine whether there has been an increase in employment, a comparison must be made between the average AWU [annual working units] for the year preceding the recruitment of new workers and the average AWU for the year following their recruitment, or are those provisions to be interpreted instead as meaning that a comparison must — or may — be made between the average AWU for the year preceding the recruitment of new workers and the exact number of workers present on the specific day on which those new workers were recruited?

(1)  OJ 2002 L 337, p. 3.