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.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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 teacher head, 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".