The 'new' Italian Class Action:

Another Step Forward

This article examines the newly reformed Italian class action system against the background of the main features of Italian civil procedure. The new law moved the class actions from the Consumer code to the Code of civil procedure, and addressed some of the shortcomings which emerged in the ten years of the previous mechanism, i.a., by lowering the costs of publicity, increasing the chances for opt-in of class members (including after the decision on the merits), providing for some form of success fees and laying down rules on settlements.

1. Introduction

The Italian Code of civil procedure (ICP) still views litigation as a (mostly written) duel of two equal parties before an impartial judge.2 Each party has a duty to find and produce all evidence necessary to convince the decisionmaker of its claims and defenses. Judges, in theory equipped with ex officio powers,3 often maintain a pas...

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Another Step Forward

1. Introduction

2. Background: Some Missing Features

2.1. The role of attorneys

2.2. Court fees and adverse cost rules

2.3. Access to evidence and disclosure

2.4. Litigation funding

3. The Reform of the Class action: From Sector-Specific to a Tool of General Application

3.1. A Look Back at the Consumer Class Action

3.2. The 2019 Reform. Scope of Application and the Admissibility Phase

3.3. The Merits Phase

3.4. The Second Opt-In Phase and the Common Representative of the Class

3.5. Enforcement procedure and settlements

4. Conclusive Remarks