V.A. Serov – Il Ratto di Europa

Antonio Tizzano, presentazione del BlogDUE

Abbiamo deciso di varare anche per la nostra Associazione un blog permanente per riprendere un’utile esperienza fatta da quasi tutte le Associazioni e affini che

MARCO BUCCARELLA, Gendered Forms of Address and Personal Data Protection: The Court of Justice’s Ruling in Defence of the Privacy of Mesdames, Messieurs… et alia

ABSTRACT – On the basis of the findings of the judgment of the Court of Justice concerning the french e-commerce platform for purchasing and booking travel tickets (Case C-394/23), this paper focuses on the key principles of Regulation (EU) 2016/679 (GDPR) that are relevant to the treatment of customer’s gender identity.

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MARIO BARBANO, Pricing Algorithms: The AGCM’s Market Study on Airfare Pricing in the EU Law Perspective

ABSTRACT – The paper aims to analyze the pricing algorithms phenomenon from the EU law perspective in light of the Italian Competition Authority fact-finding inquiry on domestic air fares (IC56, Preliminary report of 26 November 2024). Firstly, the scene is set by outlining the role of pricing algorithms under competition law and the legal framework behind the investigation (paras. 2-3). Then, after highlighting the main findings of the preliminary report (para. 4), the public enforcement issues stemming from algorithmic collusion (para. 5) are examined, as well as the regulatory tools offered by consumer, privacy and artificial intelligence law that might address the phenomenon of personalized pricing (para. 6). In conclusion, the procedural and substantive law implications of the fact-finding are discussed, emphasizing the need for a coherent regulatory framework at EU level (para. 7).

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IRENE AGNOLUCCI, Transnational subsidies in EU Law in the light of international trade law: reflections on the judgment of the Court of Justice in Joined Cases C‑269/23 P and C‑272/23 P

ABSTRACT – The article analyses the judgment delivered by the Court of Justice of the EU on 28th November 2024. The Court dismissed the request to annul the judgment of the General Court of 1st March 2023, which in turn dismissed the action to annul the Commission decision to apply anti-dumping duties against Egyptian companies active in the fiber glass industry. The article addresses the most relevant legal issues involved. Particularly, the judgment pivots around the application of Regulation (EU) 2016/1037 in case of transnational subsidies, i.e., those subsidies where the financial contribution does not come directly from the country of export or of origin, but from a different country. Moreover, the article examines the relationship between Regulation (EU) 2016/1037 and the Agreement on Subsidies and Countervailing Measures negotiated under the WTO umbrella. Specifically, it is analyzed whether the notion of subsidy enshrined in the Regulation (EU) 2016/1037 intends to implement the obligations arising from the Agreement on Subsidies and Countervailing Measures, or it merely reflects such definition. Further, it is examined whether the Court could interpret Regulation (EU) 2016/1037 as to extend the notion of subsidy in case of transnational subsidies and direct investment.

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FEDERICO FERRI, On the Limits to the Exercise of Freedom of Expression by Agents and Officials of the Union: Notes on the Case DD v. FRA

ABSTRACT – The affaire DD v. FRA concerns the removal from the post of a European Union Agency for Fundamental Rights’ agent due to conduct deemed contrary to the Staff Regulations of Officials of the Union. In one of the cases arising from that event (C-680/22 P, judgment of 12 December 2024), the issue of the exercise of the agent’s freedom of expression comes to the fore. This contribution analyses the approach of the Court of Justice (and of the General Court) regarding the limits to this fundamental freedom and delves into some controversial issues that are likely to affect the balance to strike.

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MARTINA MINARDI, The reform of the Stability and Growth Pact: a compromise between public finance sustainability and financial solidarity

ABSTRACT – The recent reform of the Stability and Growth Pact represents a substantial evolution in the framework of European economic governance, redefining the regulatory framework governing national public finances. Drawing upon the lessons learned from the 2020 pandemic crisis, the new Pact seeks to strike a delicate balance between the imperative of ensuring public finance sustainability and the financial solidarity, while introducing greater flexibility in the management of public expenditure. Therefore, this paper aims to examine the reform, exploring the equilibrium established by the new fiscal rules as well as the influence exerted by the Next Generation EU initiative in the reconfiguration of the revised SGP.

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