10 THE ITALIAN LAW JOURNAL NOS. 1-2 (2024)
Collective Redress 3.0 in Italy: From Consumer Class Action to Consumer Representative Action
by Laura Bugatti The paper explores consumer collective enforcement mechanisms, particularly the consumer representative action, by examining both the European Union context and Italy’s specific framework. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
Initially, the analysis delves into the European Union’s approach to consumer law collective enforcement, highlighting key policies and initiatives (para I). Next, the evolution of collective redress in Italy is traced, from consumer class actions to general collective actions (para II). The focus then turns to the consumer representative action (para III), analyzing its coverage, procedural intricacies and mechanisms such as the opt-in system. The paper also scrutinises critical aspects of collective enforcement in Italy that are integral to its functioning, including lawyers’ fees, costs and funding mechanisms. Some considerations on the transformative potential of the new consumer representative action conclude the paper (para IV).
