Italy Implements The First Consumers' Collective Interests Representative Action

The Italian transposition of the EU Directive 2020/1828 on representative actions by means of Legislative Decree no. 28/2023 ("Representative Action") will create a "new deal for consumers" package and provide them with broader redress rights across a wide range of sectors. Ultimately, the Decree, which takes effect on June 25, 2023, will heighten the litigation risk for companies.

For the first time consumers' "collective interests," as opposed to "subjective rights," are explicitly recognized and protected by anad hoctool, the Representative Action, which has made significant changes in the domestic consumer's legislative framework. Consumers will now enjoy special, broader redress rights, which run in parallel with the class action governed by the Italian Code of Civil Procedure.