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ARTICLE · 07 FEBRUARY 2008

Italian Senate Approves Bill Introducing Class Action: Debate Is Heating Up

Studio Legale Hofer Lösch Torricelli
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Uproar in the Italian public opinion as the Senate, while debating the annual financial law, approved - on November 16th, 2007, by a two vote’s majority - an amendment (Section 53-bis) to the bill’s original draft text, meant to enforce collective protection for consumers by introducing a class action system.

ItalyLitigation, Mediation & Arbitration

Article by Avv. Felix Hofer*

Uproar in the Italian public opinion as the Senate, while debating the annual financial law, approved - on November 16th, 2007, by a two vote's majority - an amendment (Section 53-bis) to the bill's original draft text, meant to enforce collective protection for consumers by introducing a class action system.

The amendment, if confirmed by the Chamber of the MPs, would introduce significant modifications to the Consumer Code in force (Legislative Decree no. 206 of September 6th, 2005); in their key aspects the new provisions would:

- while maintaining individuals' right to access courts in order to defend their rights, allow consumer protection associations to take collective action before the court of the place where the defendant has its residence (or legal seat) for claiming reimbursement or damage compensation with

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