The House of Data Imperiali bulletins are extracts from the articles of the Legal Information Service (SIG) edited by Mr. Rosario Imperiali d’Afflitto.

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ENEL Energia and procedural time limits

In a press release dated Feb. 29, 2024, the Italian Data Protection Authority  announced the issuance of its own sanction measure of more than 79 million euros against Enel Energia for telemarketing processing violations (web doc no. 9988710).

The value of the fine is the highest ever applied so far by the Italian authority.

Precedent from 2021

Enel Energia was previously fined more than 26 million in this same area in 2021 (web doc no. 9735672).

The sanction order number 443/2021 had subsequently been appealed by the company before the Court of Rome.

Court of Rome upholds Enel energia appeal

The Court of Rome (Judgment No. 9551/2022 of 2/13/2023) upholds the appeal filed by Enel Energia for the annulment of the Authority’s measure number 443/2021 and the publication of the annulment on the authority’s website.

It is not known whether the decision of the Court of Rome was subsequently appealed by the Guarantor in the Supreme Court, although this is considered very plausible since the decision of the Rome judge concerns a significant procedural aspect.

Merits of the Court’s decision

The Court of Rome did not enter into the merits of the issues raised by the authority against the company since, as will be seen below, it found the first ground of appeal, absorbent with respect to the others, regarding the tardiness of the dispute to be well-founded; that is, the failure to comply with the terms of the proceedings provided for in Regulation 2/2019, concerning the performance of the tasks and exercise of the powers entrusted to the authority (web doc. no. 9107633).

Axpo Measure of 2023

For allegations similar to those in the Enel Energia case of 2021 (conclusion of unsolicited contracts), the Authority issued sanction measure No. 427 against Axpo Italia on September 28, 2023 (web doc no. 9940988).

The Authority’s decision orders Axpo to pay a fine of 10 million euros.

Also in this circumstance, Axpo appeals to the Court of Rome against the Authority’s sanctioning measure, claiming, among the grounds for the appeal, the alleged tardiness of the authority’s notification of the violations, also requesting the suspension of the enforceability of injunction No. 427.

Court of Rome rejects Axpo’s suspension application

The Court of Rome, deciding on the only precautionary application for suspension, rejects it by decision No. 50682/2023 of Feb. 12, 2024, adjourning to the hearing already set for July 7, 2024 for decision on the merits.