Reference for a preliminary ruling from the Tribunale Amminstrativo Regionale per la Lombardia (Italy) lodged on 28 December 2007 — Sea Srl v Comune di Ponte Nossa

(Case C-573/07)

(2008/C 64/39)

Language of the case: Italian

Referring court

The Tribunale Amminstrativo Regionale per la Lombardia

Parties to the main proceedings

Applicant: Sea Srl

Defendant: Comune di Ponte Nossa

Question referred

Is the direct award of a contract for the collection, transport and disposal of solid urban and similar waste to a wholly publicly owned limited company, the relevant statutes of which — for the purposes of Article 113 of Legislative Decree No 267 of 18 August 2000 — are set out in the grounds of this order, compatible with Community law and, in particular, with the freedom of establishment or freedom to provide services, the prohibition of discrimination and the obligations relating to equal treatment, transparency and free competition, as referred to in Articles 12 EC, 43 EC, 45 EC, 46 EC, 49 EC and 86 EC?