De la culpă procesuală la intimidare procesuală: cererea accesorie privind cheltuielile de judecată nerezonabile ca SLAPP în sensul Directivei (UE) 2024/1069
From fault to assault: the ancillary claim for unreasonable litigation costs as SLAPP within the meaning of Directive (EU) 2024/1069

Summary/Abstract: This article examines the applicability of Directive 2024/1069/EU (the Anti-SLAPP Directive) to claims for disproportionate litigation costs filed in administrative proceedings of public interest. The author argues that such an ancillary claim, brought by the economically powerful party against non-governmental organisations or activists, constitutes an abusive court proceeding against public participation within the meaning of Article 4 (3) of the Directive. Through a teleological reading of Article 2 and in light of the CJEU case-law on the concept of “civil or commercial matter”, the study demonstrates that the civil nature of the claim for litigation costs – confirmed under Romanian law – brings it within the remit of the Directive, irrespective of the nature of the court adjudicating the case.

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