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Class Actions Worldview: A Study of Trends Around the Globe, Part II – Italy And Spain - October 2023

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Italy Implements the First Consumers' Collective Interests Representative Action

For the first time consumers' "collective interests," as opposed to "subjective rights," are explicitly recognized and protected by an ad hoc tool, the Representative Action, which has made significant changes in the domestic...more

Breakthrough in Italy: ESG Principles Become Fundamental Italian Constitutional Principle

On February 8, 2022, the Chamber of Deputies approved a proposed law ("Constitutional Reform" or "Reform") to include environmental, health and animal protection among the fundamental principles of the Italian Constitution,...more

Italy to Revamp Civil Justice System

Alternative Dispute Resolution Mechanism - The Enabling Act provides for the reorganization (via a consolidated act) and the promotion of out-of-court means to resolve disputes, i.e., mediation and the so-called...more

The Impact of COVID-19 on Italian Litigation

The Situation: Litigation in Italy has been unavoidably affected by the novel coronavirus (COVID-19) pandemic. Indeed, the Court of Milan alone holds up to 7,000 people daily, which is incompatible with the emergency rules on...more

Interplay Between Antitrust Misconduct's Judicial Review and Private Enforcement: A Hallmark Decision - The Italian State Council...

In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more

Italy to Overhaul Class Actions

The Situation: Under the new Italian framework, class actions will no longer be limited to consumer protection matters, and collective redress may be sought through simplified proceedings. The Developments: A recently...more

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