Monday, February 8, 2010
Professor Dr. Remo Caponi (Dipartimento di diritto privato e processuale) has posted "Class Actions in the Italian Legal System" on SSRN.
The abstract states:
This paper focuses on the key choices of the recent Italian legislation on collective redress actions (azioni collettive risarcitorie). The rules provided for by Article 140-bis codice del consumo (Consumer Code) can be considered only a starting point of a modern regulation in this field (see Sects. 1, 2, 4). Indeed, Art. 140-bis shows several regulatory flaws (see Sect. 3 for the lack of special rules on financial support for collective actions, Sect. 8 for issues relating to the opt-in approach, Sect. 9 for the prerequisites concerning the admissibility of the collective action, Sect. 10 for the publicity of collective actions, Sect. 11 for the contents of the judgment), although it sets out some noteworthy key issues (see Sect. 5 for standing, Sect. 6 for the opt-in approach, Sect. 12 for collective settlement). The Italian legislation on collective redress actions in the field of consumer protection certainly requires some improvements (see Sect. 7 on a de lege ferenda ‘dual system’). However, it can be considered a step forward in the right direction (see Sect. 13).