| Italian Consumers Gain Class Action |
With the Annual Budget Law the Italian Consumer Organisations could win a new tool which could be a mighty instrument to control banks and financial suppliers.
For the following translation we have tried out google translate (see link below) and would welcome if a native speaker could bring it into an improved form. The Italian text is availabe at the link below.
While in Germany there is only a limited class action which gives consumer organisations a right to sue banks to stop certain marketing behaviour or use certain clauses in fine print as well as the right to get claims individually assigned Italy now introduced a class action that would help to
After Article 53, insert the following:
"Art. 53-bis.
(Discipline of collective damages consumer protection)
1. This article creates discipline and collective action for damages for the protection of consumers, as a new general instrument of protection within the framework of national measures aimed at governing the rights of consumers and users, in accordance with the principles established by Community legislation designed to raise levels protection.
2. After Article 140 of the Code of consumption, referred to legislative decree on September 6, 2005, n. 206 is added as follows:
"Art. A 140-- (collective action for damages). - 1. Consumer groups and users referred to in paragraph 1 of Article 139 and other entities referred to in paragraph 2 of this article, subject to law and individual citizen to take judicial action to protect their legitimate rights and interests in accordance with Article 24 of the Constitution, they can take individually or collectively to the court of the place of residence of the defendant, the sentencing to compensation for damages and repayment of amounts due directly to individual consumers or users, as a result of illegal acts committed in legal relations concerning contracts called for adherence, Article 1342 of the Civil Code, which the user is not given contract and change, tort non-commercial practices illegal or anti-competitive behaviour, implemented by the companies supply goods and services national and local authorities, provided that violates the rights of a plurality of consumers or users.
2. By decree of the Minister of Justice, in consultation with the Minister of Economic Development, after hearing the competent parliamentary committees are identified additional consumer associations, investors and other stakeholder entitled to collective action under this article.
3. The act by which the entity promotes collective action referred to in paragraph 1 2945 of the Civil Code, also with respect to the rights of all individual consumers or users may result from the fact that or violation.
4. In its judgement sentencing the judge determines the criteria that must be fixed by the measure of settled in favor of individual consumers or users.
5. In relation to disputes referred to in paragraph 1, in the courts may also be signed by the parties to a settlement agreement in the form of conciliation court.
6. The definition of judgement makes improcedibile any other action under this article in the same subjects and for the same case.
7. At the same time as publication of the judgement condemning referred to in paragraph 4 or the declaration of enforceability of record, the judge, for the determination of the amounts outstanding to individual consumers or users, is the same special court Chamber of Reconciliation, composed equally defenders proponents of the action group and the defendant and appoint a conciliator of proven professional experience registered for the special Supreme Court who shall preside. In this room Conciliation all interested citizens may apply individually or through associations delegation referred to in subparagraph 1. It defines, with the minutes signed by the parties and the president, ways, the terms and the amount to meet the individual consumers or potential users in their claim. The signing of the minutes makes improcedibile the action of individual consumers or users for the period of time set by the minutes for the implementation of the benefit payable.
8. In case of unnecessary experiment composition referred to in paragraph 7, the individual consumer or user may seek legal action, contradictory, in order to request the investigation, headed by himself, the requirements identified by the judgement of condemnation of para 4 and precise determination of the damages recognized under the same judgement.
9. The sentencing judgement referred to in paragraph 4, of the investigation together as a creditor under paragraphs 7 and 8, is in accordance with Article 634 of the Code of Civil Procedure, title to the pronunciation by the competent court order payment requested by the individual consumer or user, under Articles 633 et seq of the Code of Civil Procedure.
10. The sentencing judgement referred to in paragraph 4, or the settlement agreement referred to in paragraph 5 shall be properly advertised to care and the expense of the defendant, in order to allow the necessary information to the greatest amount of consumers and users.
11. In class actions relating to products or services sold through contracts concluded in accordance with Article 1342 of the Civil Code, the dissemination of misleading advertisements, be sure by the competent authority, makes null and void the contracts against all individual consumers or users during the dissemination of the message. The invalidity can be invoked only by the promoter of the group.
12. If he loses, even partial, of the defendant, he is condemned to the payment of legal fees. In any case, the compensation of defenders of the promoter of collective action may not exceed the maximum amount of 10 percent of the value of the dispute ".
13. The provisions of this article shall become effective 180 days after the date of entry into force of this Act ". |
| ID: |
40954 |
| Author(s): |
UR |
| Publication date: |
25/02/08 |
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Created: 25/02/08. Last changed: 25/02/08.
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