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-quaterdecies to Legislative Decree No. 206 of 6 September 2005 ("Italian Consumer Code" or "ICC"), the Decree sets forth the Italian regulations on class actions which will come into force on 25 June 2023. Specifically, it provides that the entities qualified to bring a class action are (a) those included in the list mentioned in Article 137 ICC (i.e., the national consumer associations registered at the Ministry of the Environment and Energy Security), (b) the independent national public bodies referred to in Article 3(6) of Regulation (EU) 2017/2394 which apply to be qualified and (c) the bodies 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 entities, without the need for a mandate on the part of the consumers concerned, in order to request, also cumulatively, the adoption of the injunctive 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 injunctive 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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