Mass Claims 2022 nr. 2

Bundling of claims by way of assignment in Italy

Giorgio Afferni1

Bundling of claims by assignment (the so-called assignment model) is rapidly emerging in the European Union ("EU") as the favorite alternative to group actions for damages (either collective or representative).2 This is particularly true for those Member States, such as Italy, that still do not have effective group action proceedings.3 In this respect, it is noteworthy that the EU Antitrust Damages Directive leaves to Member States the decision whether to admit collective or representative actions for damages caused by infringement of competition law, but specifically recognizes the assignment model.4 As these provisions are directly applicable, they can be invoked by individuals and companies before national courts.

1. The limited effectiveness of the new Italian collective action regime

In Italy, a new collective action regime was recently introduced for infringements that took place after 18 May 2021.5 The new regime represents a signific...

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Verder in dit artikel:

1. The limited effectiveness of the new Italian collective action regime

2. Validity of assignment of claims: general rule and exceptions

3. The professional purchase of claims as a reserved activity

4. The definition of the claim

5. The free determination of the price of the purchase

6. The responsibility of the assignor

7. Cooperation of the victim

8. Enforceability of the assignment of the claim

9. Conclusion

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Artikel informatie

Type
Artikel
Auteurs
Giorgio Afferni1
Auteursvermelding
Ik ben auteur van dit artikel
Datum artikel
Uniek Den Hollander publicatienummer
UDH:MC/17569

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