Case Annotation, Case C-326/07, Commission of the European Communities V. Italian Republic, Judgment of the Court of Justice (Third Chamber) of 26 March 2009, Nyr.
Bibliographic record
Abstract
Over the last decade, the Court of Justice has had to resolve a number of legal issues arising from the efforts of Member States to divest themselves of publicly owned enterprises, and at the same time retain some control over the ownership or activities and decisions of such enterprises, or prevent the acquisition of control of such companies by investors that they consider to be undesirable. The case discussed in this annotation is the latest in a series of these rulings, known as the “golden share” cases, in which the Commission has sought a declaration that a Member State’s control of management decisionmaking, voting, or other powers over a private company’s destiny restricts a fundamental freedom guaranteed by the EC Treaty, and now the TFEU. There are, however, important new statements by the Court in Case C-326/07 that shift the evaluation of golden share measures from the free movement of capital (Art. 56(1) EC – now Art. 63(1) TFEU) to the right of establishment (Art. 43 EC – now 49 TFEU). The implications of such a determination are especially significant in relation to the third country dimension of the free movement of capital.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.010 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.009 | 0.003 |
| Scholarly communication | 0.005 | 0.002 |
| Open science | 0.003 | 0.002 |
| Research integrity | 0.018 | 0.009 |
| Insufficient payload (model declined to judge) | 0.013 | 0.003 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".