ITALIAN NATIONAL REPORTS - Università Degli Studi Di Palermo

Andrea Zoppini
Class Actions / Les actions collectives
39. Is legal aid available?
Risposta 39):
Article. 140 bis provides that consumers and users that decide to join the class
action may do so without a “counsel for the defense.” [i.e., for the plaintiff]
40. How are damages divided among the members of a class / group?
Answer 40):
The court issues a judgment of liability with which “it establishes – according
to Article 1226 of the Civil Code - the final amounts due to those who have
joined the act shall be paid,” or “it shall establish the homogeneous
calculation criterion to pay these sums.”
41. Are there special rules for the settlement of claims? Is the approval
of the Court required?
Risposta 41):
The Italian class-action law does not govern specific means of settlement
between the parties to resolve the case or controversy. Ordinary remedies
provided by the ordinary procedures therefore will be applied.
42. Are statutory compensation schemes available for small claims?
Answer 42):
No statutory compensation scheme exists for small claims.
43. Are alternative methods of dispute resolution (ADR) provided for
class / group actions?
Answer 43):
No specific connection is provided for in our legal system between the class
action and alternative methods of dispute resolution.