Reference for a preliminary ruling by the Consiglio di Stato in sede guirisdizionale, Sezione Quinta, by order of that court of 27 January 2004 in the case of SABA Italia SpA against the Comune di Bolzano and SEAB SpA

(Case C-216/04)

(2004/C 190/13)

Reference has been made to the Court of Justice of the European Communities by order of the Consiglio di Stato in sede guirisdizionale (Council of State sitting as a court) of 27 January 2004, received at the Court Registry on 24 May 2004, for a preliminary ruling in the case of SABA Italia SpA against the Comune di Bolzano and SEAB SpA on the following question:

‘Is the direct award, that is to say, in derogation from the procedures for the selection of contractors laid down in Directive 92/50/EEC (1), of the management of public pay car parks to a public limited company the entire capital of which is publicly owned within the meaning of paragraph 6(b) of Article 44 of Law No 1 of the Region of Trentino-Alto Adige of 4 January 1993, as amended by Article 10 of Regional Law No 10 of 23 January 1998, compatible with Community law, in particular with the freedom to provide services, the prohibition of discrimination and the obligation to guarantee equal treatment, transparency and free competition referred to in Articles 12, 45, 46, 49 and 86 of the EC Treaty?’

(1)  OJ L 209 of 24.07.1992, p. 1.