40In that regard, it should be borne in mind from the outset, first, that the question whether a transaction constitutes a public works contract for the purposes of EU legislation is one of EU law. The classification of the proposed contract as a ‘lease’, highlighted by Pizzarotti and the Italian Government, is not decisive in that regard (see, to that effect, the judgment in Commission v Germany, C‑536/07, EU:C:2009:664, paragraph 54 and the case-law cited).
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