Sul sindacato di «maggiore attendibilità» e dialogo tra g.a. e corte di giustizia. Alcuni spunti e riflessioni sulla saga «Avastin-Lucentis» dopo l’ordinanza n. 2327/2021 del consiglio di stato

This work seeks to highlight the peculiarities of the administrative judge's review as exercised in the complex «Avastin-Lucentis» case law. In this controversy there was an evolution regarding the depth of the review, «of greater reliability», which led him to enter into the merits of the sanctioning measure adopted by the Italian antitrust authority, demonstrating full knowledge of the fact. It also seeks to highlight the significant features of the dialogue that has taken place – and is still ongoing – between the Council of State and the Court of Justice of the European Union due to the further preliminary reference that the applicants have requested. and to which the administrative judge replied, accepting the request, by means of an order. It seems that the case is still far from the final decision, especially following the decision of the Council of State to refer again some preliminary questions to the CJEU, which are the subject of this short paper. The purpose of this research is to analyze the logical and legal path adopted by the administrative judge during the different phases of the dispute – also characterized by the confrontation with the CJEU – and to carry out some final considerations regarding the nature of its review in relation to the rulings of the Court of Justice.