from 1 January 2010 can be promoted to class action lawsuits similar to what happens in the U.S. but with one major difference: while in the U.S. as well as damage can be calculated by a surplus in punitive Italy in compensation can not exceed the actual harm. The Class Action is divided into three phases: a) eligibility is the first filter and is exercised by the Judge, who can stop the birth of the class action if it detects the inadmissibility (application to be unfounded, conflict of interest, no identity of rights protected , the proposer without adequate capital), b) accession: Once the judge accepts the domenda, the applicant must advertise the Class Action in order to allow interested consumers to participate; c) proceedings: the judge in the final phase liquid who joined the action.
be emphasized that the purpose of the class are the rights of the individual homogeneous Consumers and Users ( Art.140-bis Consumer Code).
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