Class Action: approved the preliminary Legislative Decree implementing Directive (EU) 2020/1828

The Council of Ministers, in its meeting of 9^th December 2022, approved the preliminary Legislative Decree implementing Directive (EU) 2020/1828 of the European Parliament and of the Council of 25^th November 2020, on representative actions for the protection of the collective interests of consumers.
The Decree shall amend the Consumer Code, introducing a new action to protect the collective interests and individual rights of consumers, which will complement the class action referred to in Article 840 bis of the Italian Civil Procedural Code and the collective injunction pursuant to Article 840 sexiesdecies of the Italian Civil Procedural Code.
The main changes provided for by the new legislation are the following.

• With regard to the subjects legitimated to bring action, a special list is established at the Ministry of Enterprise and Made in Italy, in which qualified entities (i.e. those entities enabled to represent the collective interests of consumers and users and to bring representative actions against traders) must be registered.

Such qualified entities shall not be required to prove the intent or negligence on the part of the trader, nor the actual loss or damage suffered by consumers; they shall report on their websites the representative actions they have brought as well as the status of the same.
 

• With reference to the available remedies, in order to improve the deterrence against unlawful practices and reduce the harm to consumers, the new legislation introduces the possibility of jointly requesting and obtaining both injunctive measures (such as, for example, the order to cease conduct) and redress measures.

The possibility of accessing such remedies will also entail that the service of the judicial claim shall has the effect of interrupting the applicable limitation periods in respect of the consumers concerned by that representative action.

• Lastly, it will also be possible to undertake cross-border actions.

The draft of the Decree will now be examined by the competent parliamentary committees to be finally approved.