Sommario: 

1. Premessa. 

2. Il contenuto della sentenza. 

3. I confini incerti dei concetti generici: la natura pubblica di un ente. 

4. La società C.O.N.I. Servizi. 

5. Il C.O.N.I. 

6. Conclusione.

Abstract:

In order to meet the European requirements concerning public finance, two legislative measures – laws no. 311 of 2004 and no. 196 of 2009 – have imposed
spending limits on all the public administrations included in the consolidated income
statement, and have entrusted the Italian Institute of Statistics (ISTAT) with the
task to define the list of public entities that, from year to year, have to be subjected tothose limitations. With the judgement no. 6014 of 2012, the Council of State held
that the inclusion in the ISTAT list of a public-owned company – C.O.N.I. Servizi
S.p.A. – is consistent with the substantive public nature of that entity. The decision
of the Council of State provides an opportunity to reconsider the distinction between
public and private entities and to detect the distinguishing features of public-owned
companies. Moreover, by focusing on the organizational and functional relationship
between the company (C.O.N.I. Servizi S.p.A) and the public entity controlling it
(C.O.N.I.), the decision highlights how difficult is to ascertain the legal natures of
‘hybrid’ companies and how relevant are, in that context, the constitutional principles.