Traditional class actions aim to obtain compensation for damages or restitution for events occurred after 19 May 2021 (the previous regime applies to prior events, but it only covers consumers). It can be brought by any member of the class or non-profit organizations active in the protection of the disputed rights and consists of three phases, regarding respectively:
- the admissibility of the action and the perimeter of the class;
- the merits of the claim (defendant’s liability and class members’ right to compensation or restitution);
- the quantification of the amounts due to class members who opted-in.
Actions for collective injunction aim to obtain an order to cease/prohibit/impose certain conducts. It can be brought by anyone with an interest and non-profit organizations. The procedure is streamlined and may end after one round of submissions and a hearing.
Representative actions aim to obtain injunctions and/or compensatory relief for breach of specific provisions protecting consumers. They can be brought by authorized consumer associations or independent national public bodies, even without a mandate from the affected consumers. The procedure envisages an admissibility phase and then varies based on whether an injunctive or compensatory relief is sought.
Rules for commonality of claims/class certification
Class actions are admissible if (inter alia) the disputed individual rights are homogeneous, but the law fails to provide a definition of homogeneity. Case law suggests that homogeneity exists when the judge can conduct a single evidentiary process covering all the individual positions involved, through standardized assessments and a joint procedural management of the claims, with no need for specific inquiries over each position. Ultimately, the assessment is made on a case-by-case basis.
Class member participation (opt-in/opt-out)
The law provides for an opt-in mechanism (which only applies to traditional class actions and representative actions for compensatory measures). Class members may opt-in either (i) once the order declaring the admissibility of the action is issued or (ii) after the judgment establishing class members’ right to compensation/restitution or compensatory measures.
Class members who did not opt-in are entitled to bring individual claims.
The rules for appeals are as follows:
For class actions and representative actions seeking compensatory relief:
- The order deciding over admissibility is challenged within 30 days before the Court of Appeal
- The judgment deciding over the merits of the action is challenged within six months before the Court of Appeal
- The decree deciding claims of class members opting-in is challenged within 30 days before the same Court
For collective injunctions, the decree deciding over the merits of the action is challenged within 10 days before the Court of Appeal.
For representative actions seeking injunctions:
- The ruling on admissibility is challenged within 30 days before the Court of Appeal
- The judgment deciding over the merits of the action is challenged within 30 days or six months,
depending on the case, before the Court of Appeal
The use of third-party litigation funding is still limited in Italy. The rules governing representative actions empower judges to declare an action inadmissible or require to them reject or modify funding arrangements in cases of conflicts of interest.