Public Class Actions In Italy

In May, Jones Day published a Commentary discussing recent developments related to class actions in Italy. It primarily focused on the so-called "compensatory" class action ("azione di classe risarcitoria") provided for by Art. 140bis of the Italian Consumer Code (Legislative Decree n. 206/2005 and subsequent amendments). This type of class action enables groups of consumers or users and any of their relevant associations to seek compensation of damages arising from violation of their rights in the context of their relationship with business entities.

Italian law also provides for another type of class action: the so-called "public" class action, introduced by Legislative Decree n. 198/2009, which may be brought by a group of consumers and users and/or their representative associations in order to seek protection against the wrongdoings of the Italian Public Administration, including government entities or other public or private bodies providing public service.