Italian rules on class actions and collective inhibitory actions have been revolutionized by a reform (law no. 31/2019) whose entry into force, following several postponements, is now scheduled for May 2021.
The law has broadened the scope of both actions, making them general remedies, no longer confined to consumer law, and introducing new articles within the Italian Code of civil procedure (Articles 840-bis and following). The law also includes various provisions that encourage the filing of class actions, such as, for example, reward rules for lawyers, consultants and common representatives of the class members, as well as the possibility of joining the class action even after the ruling on the merits.
As for collective inhibitory actions, they will no longer be an instrument that can only be activated by representative bodies, but by “anyone”: even single individuals, therefore, will be able to brings such proceedings, in the name of “collective interests”, requesting the adoption of inhibitory and/or corrective measures against companies.
The new volume edited by Prof. Ruffolo, entitled "Class action and collective inhibitory action" and published by Giuffrè Francis Lefebvre, is dedicated to these topics, with an in-depth analysis of the substantive and procedural profiles of the new class action and the new collective inhibitory action, also in comparison with the previous regime (articles 139, 140 and 140-bis of the Italian Consumer code).
The volume also includes an examination of the provisions concerning the so-called “public class action” and of central aspects of constitutional, comparative and EU law (also with regard to the recent Directive on collective redress).