What are the steps to file a collective action in Italy for faulty consumer devices?

Hello and greetings,

I read your question regarding the collective action (azione di gruppo) against a manufacturer for defective devices. This is a complex area of Italian law that has recently undergone significant changes with the implementation of Legislative Decree 28/2023 and the reform of the Code of Civil Procedure.

To answer your core questions:

Representation: You typically need a registered "Qualified Entity" (such as a recognized consumer association) to have standing for a Representative Action. Individual consumers can also initiate actions under the Civil Procedure Code, but an established association strengthens the case for admissibility.

Certification: The court will first rule on "admissibility" (ammissibilità), checking if the rights of the class members are "homogeneous" (identical legal/factual footing).

Outcomes: If successful, the court can order injunctive relief (stopping the conduct) and compensatory redress (refunds or replacements). The "loser pays" principle generally applies to legal costs.

Because specific time limits (statutes of limitation) apply to product liability cases—often strictly 3 years from the discovery of the defect—it is crucial to act quickly.

I can provide you with a more detailed consultation on the specific procedural steps and help guide you through the requirements for your group.

CLASS ACTIONS: REQUIREMENTS AND CONDITIONS.

A class action is aimed at obtaining, through judicial proceedings, a finding of liability against a company in relation to a category of consumers; it may be brought only after damage has occurred. The prerequisite for this action is the homogeneity of the positions of the individuals involved, so that a single, uniform judicial solution may address them. 

There are two types of class actions:

• compensatory class action, aimed at obtaining a monetary award as compensation for damage suffered due to the company's product or conduct;


• injunctive class action, aimed at preventing acts and behaviours harmful to consumers' or users' interests and at adopting measures to correct or eliminate the harmful effects of established violations, without producing compensatory effects.

STANDING TO SUE

As noted, a fundamental prerequisite is the existence of \"homogeneous individual rights\" harmed by the conduct of the company or professional. In the specific case of damage arising from defective products, homogeneity may derive from the same defectiveness or form standardised conduct by the company toward a plurality of purchasers/users.

A class action may be brought by:

• each individual member of the class (a single consumer)


• non-profit organisations or associations.

As for associations or organisations, they have standing provided that:

1. their statutory purposes include the protection of homogeneous individual rights?


2. they are registered in a public list held by the Ministry of Justice.

To be listed, the associations must meet the following requirements:

1. they must have been established at least two years before submitting the application


2. they must be based in Italy or in an EU Member State and have, as a non-profit statutory purpose, the protection of homogeneous individual rights;


3. they must have a democratic structure, convene members at least annually. and carry out their activities (assistance and advice to members, public initiatives) on a continuous, stable, and adequate basis;


4. they must have an updated website providing information and free of any direct or indirect advertising;


5. they must collect funding sources in compliance with applicable legislation and provide integrity requirements for members, officers and representatives;


6. their statute must provide for administrative and accounting transparency, including annual publication of financial statements and their audit by independent third parties.

PROCEDURAL ASPECTS: A BRIEF SUMMARY

Jurisdiction: specialised business sections of the Courts (Tribunale delle Imprese)

Applicable procedure: following the Cartabia Reform (D.Lgs. 164/2024), the proceedings are governed by the simplified civil proceeding for cognition procedure (Art. 281-decies et seq. of the Code of Civil Procedure), with no possibility of changing the procedural form. 

The claim is filed by the petition before the Tribunale delle Imprese of the regional Capital where the defendant company has its registered office.

Admissibility: Within 30 days of the first hearing, the Court shall decide on the admissibility of the claim by court order. The order is published on the public area of the Ministry of Justice's on line service portal.

In the order admitting the class action, the Court sets a mandatory term - between 60 and 150 days - for the adhesion of individuals holding homogeneous individual rights. Those who adhere do not become parties to the proceedings but are entitled to access the electronic case file. 

If the claim is upheld after the evidentiary phase, he judgement establishes the violation of homogeneous individual rights and opens the adhesio procedure, again setting a mandatory term between 60 and 150 days from publication of the judgment on the on-line portal. The Court also appoints the delegated judge and the common representative, and may establish a litigation fund to be paid by those adhering.

The common representative must meet the requirements for appointment as a judicial liquidation trustee; he/she is a public official and may be removed at any time by the delegated judge. After judgment, the common representative may propose a settlement scheme with the company; the delegated judge may authorise the common representative to enter into the settlement.

This is only an extreme summary of the procedural rules: for example, the company, the common representative, or other authorised counsel may file an opposition against the decree admitting an adhesion. The opposition is filed by petition before the Court within 30 days from notification of the measure; however, the petition does not suspend enforcement of the decree, unless the Court decides otherwise upon request and on the basis of serious and well-founded reasons.

COST AND FEES

As noted, the judgment upholding the claim may set an amount that each adherent must pay into the litigation fund, along with the terms for payments (failure to pay renders the adhesions ineffective).

The \"contributo unificato\" (a court fee, or tax in favour of the State) must also be paid for the filing of the petition.

Additionally, where legal counsel is retained, the rules on allocation and assessment of legal costs between the parties must be considered.

STATUTE OF LIMITATION

There are no specific rules applicable to the class action, nor any automatic interruptive/suspensive effects resulting form filing the petition. The class action must therefore be coordinated with the substantive statute of limitations applicable to the type of liability involved (e.g. defective products liability and/or contractual liability). A specific assessment of the circumstances (type of damage and liability) is necessary to determine the statute of limitations.

LEGAL REPRESENTATION

Given the nature of the proceedings, the assistance of lawyers with experience in collective litigation and defective product liability is essential.

SUMMARY

• For defective products/devices, a class action under the Code of Civil Procedure is available if the claims of individual purchasers/users display homogeneity (e.g. same defectiveness, same omission or conduct by the manufacturer, same contractual conditions, thus allowing unified assessment of the manufacturer's liability and subsequent opening of the adhesion phase and liquidation of individual rights.


• A consumer association may act as claimant if it is non-profit, has consistent statutory purposes, and is listed with the Ministry of Justice; alternatively, an individual class member may bring the action, without prejudice to the adhesion procedure for all eligible parties.


• The petition is filed with the Tribunale delle Imprese having jurisdiction under the simplified procedure. The court decides on admissibility and, if the claim is upheld on the merits, opens the adhesion phase (60-150 days from the publication on the portal), appoints the delegated judge and all common representative, and may set a litigation fund whose absence invalidates adhesion.


•  After judgment, a settlement route may be pursued through the common representative, with judicial authorisation and safeguards ensuring information, participation, and objection rights for adherents. Decision on costs/fees during the adhesion phase may be challenged according to the procedures updated to 2024 (electronic filing; digital domicile)