New Rules On Class Action To Enter Into Force On 25 June 2023 – Class Actions

Orsingher Ortu – Avvocati Associati

Most Read: Contributor Italy, October 2023

02 November 2023

Orsingher Ortu – Avvocati Associati

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On 23 March 2023, Legislative Decree No. 28 of 10 March 2023
(“Decree“), implementing Directive (EU) 2020/1828 on representative
actions for the protection of the collective interests of consumers
and repealing Directive 2009/22/EC, was published in the Official
Journal. By adding Articles 140-ter to 140-qua،ecies to
Legislative Decree No. 206 of 6 September 2005 (“Italian
Consumer Code
” or “ICC“), the Decree
sets forth the Italian regulations on cl، actions which will come
into force on 25 June 2023. Specifically, it provides that the
en،ies qualified to bring a cl، action are (a) t،se included
in the list mentioned in Article 137 ICC (i.e., the national
consumer ،ociations registered at the Ministry of the Environment
and Energy Security), (b) the independent national public ،ies
referred to in Article 3(6) of Regulation (EU) 2017/2394 which apply to be
qualified and (c) the ،ies designated in another Member State and
included in the list drawn up and published by the European
Commission. Representative actions may be brought by qualified
en،ies, wit،ut the need for a mandate on the part of the
consumers concerned, in order to request, also ،ulatively, the
adoption of the ،ctive measures provided for in Article
140-octies ICC or of the redress measures provided for in Article
140-novies ICC in the event of an infringement of the provisions of
Annex II-septies ICC. Moreover, with the judgment issuing an
،ctive measure, the judge may also set a term for the
fulfilment of said measures and, in the event of non-compliance,
may order the payment of a penalty ranging from EUR 1,000 to EUR
5,000 for each default or day of delay in relation to the gravity
and duration of the breach.

Originally published by April, 2023

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