Litigation and case law

Litigation and case law

Documentary monitoring of actions, interim orders and open legal issues.

Litigation monitoring

The Committee does not replace legal counsel and does not provide legal advice. This section is documentary: it collects key references to understand ongoing litigation, open questions and the practical effects of compensations.

The Committee’s institutional and data-driven work is complementary to legal actions. In addition to the legal compatibility of the mechanism, it is necessary to document actual business hardship, financial sustainability and the risk of irreversible damage.

Operational principle: companies should not have to reach irreversible distress before the problem is acknowledged.

Council of State order - 28 July 2026

The Committee monitors the interim order relating to case R.G. 5895/2026, where the Council of State highlighted the need to examine the merits of EU-law compatibility issues relating to the two-way compensation mechanism.

The order should be presented precisely: it is not a general suspension of compensations, but it strengthens the need for an in-depth merits review.