Italy: class action reform

Class action law has been introduced in Italy, following a protracted and challenging legislative process. Law 99/2009, which came into effect on 1 January 2010, allows consumers to group together to file a single suit bringing joint court claims. The law has introduced article 140 bis into the Consumers Code. Article 140 bis has been amended further as a result of more recent reform.

Article 140 bis originally provided that ‘individual homogenous rights of consumers and users’ may (also) be enforced through class action, in relation to the contractual rights of a group of consumers or users in identical circumstances regarding the same company (such as where standard term agreements are used), identical rights of end consumers and final users of a product in relation to the manufacturer (irrespective of the lack of direct contractual relationship between them) and identical rights of consumers in respect of unfair business practices or anti-competitive conduct…

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