Class Action in Europe: impact on the Italian Consumer Code

It represents a real boost for Italian class actions, which thus acquire an international scope. In the following sections we will provide some highlights of the main provisions which have been introduced into the Italian Consumer Code and which will be effective as of June 2023.

Overview

Legislative Decree no. 28 of 10 March 2023 (the Decree) introduces new provisions implementing EU Directive 2020/1828 in the Italian Consumer Code. The new set of rules, which supplement, and partially recall, the class actions provisions already included in articles 840-bis and ff. of the Italian Code of Civil Procedure, are intended to regulate the new representative actions, i.e. claims brought to seek protection of collective interests of groups of consumers with the aim of obtaining injunctive and/or redress measures.

The scope of application of the new rules is broad and aims at protecting consumers against breaches of European provisions, ranging from consumers protection to data protection, from health to unfair competition. The new claims can be brought by qualified entities, with no need of specific instructions from the consumers concerned, starting from 25 June 2023.