Sugli effetti della violazione di obblighi procedurali sostanziali. In margine alla sentenza Airbnb

The Insight focuses on the judgement delivered by the Court of Justice on 19 December 2019 in case C-390/18, Airbnb Ireland. The analysis will be mainly conducted with a view to exploring the notion of essential procedural requirement, developed in the previous case law, and the legal consequences flowing from this notion. In Airbnb, the CJEU has significantly enlarged its scope with the consequent enlargement of the power of individuals to invoke, in their horizontal relations, the failure by a State to notify a measure to the Commission. The last part of the Insight discusses the practical and theoretical implications of this development in case law and concludes.