1.

For the purposes of determining the minimum limit of 30 % participation by the private partner in a future semi-public company — the limit deemed appropriate by the Italian legislature in implementation of the principles of EU law set in relation to European case-law — is it compatible with EU law and the correct interpretation of recitals 14 and 32 and Articles 12 and 18 of Directive 2014/24/EU (1) and of Article 30 of Directive 2014/23/EU, (2) with reference also to Article 107 TFEU, for consideration to be given solely to the legal form/on-paper composition of that partner or may — or in fact must — the authority launching the tender also consider its own indirect participation in the private partner submitting a bid?

2.

If the answer to the above question is yes, is it consistent and in line with the principles of EU law, and in particular with the principles of fair competition, proportionality and appropriateness, for the authority launching the tender to be able to exclude from the tender a private partner submitting a bid, where the effective participation of that private partner in the future semi-public company is in fact less than 30 %, on account of the direct or indirect public participation identified?