The Council of State has sent two preliminary questions to the Court of Justice of the European Union concerning the conditions of the requirement of the "prevalent activity" of in-house contracts, and, in particular
a) "whether, when calculating the main activity carried out by the controlled entity, reference must also be made to the activity imposed by a non-member public administration in favour of non-member public bodies".
b) "whether, when calculating the main activity carried out by the controlled entity, reference must also be made to the contracts awarded to public bodies that were shareholders before the so-called analogous control requirement became effective.".
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