"Pandoro Gate": De Minimis ...vel Omnibus? Note a margine del caso Balocco-Ferragni

The Balocco-Ferragni case confirms that it is an uncertain task to identify which unfair commercial practices, regulated as such by European and national legislation, are attributable to influencers and can therefore capture various facets of the communications of these "entrepreneurs". In fact, as promotional activities become increasingly diversified, it is becoming increasingly complex to identify the gap between the commercial core of the influencers’ activity and what is represented in specific cases. The multiplicity of protection needs that emerge from it, crossed with interpretative and applicative ambiguities of the judicial actions available to protect the consumers’ demands, deserve to be rethought in order to act with regulatory simplification and legislative centralization of any corrective interventions by the political-economic regulator rather than the administrative one (or the judicial decision-maker).