SOLE 24 ORE

The article examines the new framework governing representative actions introduced in Italy to implement EU Directive 2020/1828, which entered into force on 25 June 2023 and is intended to operate alongside the class action mechanism already provided for under the Italian Code of Civil Procedure. The contribution highlights the differences between class actions, injunctive collective actions and the new representative action, outlining their respective scope of application, standing requirements and potential effects on the judicial system and the economy.

Particular attention is paid to the critical aspects of the new procedure, including the risk of an increase in litigation also of a serial nature the potential for abuse of the judicial tool, and the reputational impact on the companies involved. The analysis also addresses the introduction of third-party litigation funding, a significant departure from the traditional Italian legal framework, which could encourage actions driven by speculative objectives.

The article identifies the sectors most exposed to this new form of litigation digital, telecommunications, banking, insurance, energy and environmental and underscores the need for companies to adopt preventive strategies and more structured compliance models. Within an increasingly complex regulatory landscape, the new representative action emerges as a potentially effective instrument for consumer protection, while at the same time requiring a careful balance between collective rights and systemic safeguards.