New Rules On Class Action To Enter Into Force On 25 June 2023

On 23 March 2023, Legislative Decree No. 28 of 10 March 2023 ("Decree"), implementing Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC, was published in the Official Journal. By adding Articles 140-ter to 140-quaterdecies to Legislative Decree No. 206 of 6 September 2005 ("Italian Consumer Code" or "ICC"), the Decree sets forth the Italian regulations on class actions which will come into force on 25 June 2023. Specifically, it provides that the entities qualified to bring a class action are (a) those included in the list mentioned in Article 137 ICC (i.e., the national consumer associations registered at the Ministry of the Environment and Energy Security), (b) the independent national public bodies referred to in Article 3(6) of Regulation (EU) 2017/2394 which apply to be qualified and (c) the bodies designated in another Member State and included in the list drawn up