ABSTRACT – The Directive (EU) 2024/1069 (“anti-SLAPPs Directive”) represents the “European” response to the phenomenon of abusive lawsuits against public participation. Pending the deadline for Member States to implement the provisions of the Directive, a dispute brought before the District Court of Amsterdam has already invoked the application of the EU legislation. The NGO Greenpeace Int. has filed a claim for damages against the Energy Transfer group following multiple legal actions brought by the latter in the United States of America in connection with the dispute over the Dakota Access Pipeline project. The case, currently under consideration by the Dutch court, is likely to be a significant stress-test for verifying the effectiveness and scope of application of the directive in transnational contexts. The analysis focuses in particular on Article 17 of the directive, which introduces a special forum (forum actoris) for SLAPP victims domiciled in Member States and aims to enable them to seek compensation from the perpetrators of abusive actions brought in third countries.
