ITALY Law and Practice Contributed by: Daniela Ampollini, Luca Pellicciari, Elena Mannini and Andrea Beltrame, Trevisan & Cuonzo
brought before the Commercial Chamber of the territory where the undertaking/company has its registered office. The proceedings are quite streamlined. Once it has been established that the class action is admissible, the court issues an order and sets a deadline of 60 to 150 days to join the class action; the court proceeds in the most appropri - ate manner and without any particular formality to gather the relevant evidence and, at the end of the evidentiary stage, upholds or dismisses the claims by judgement. When upholding the claims on which the class action has been based, the Court inter alia : • ascertains the rights that have been breached and rules on the claims for damages and/or restitution; • appoints a common representative of the claimants and a delegated judge; and • sets a new deadline of 60 to 150 days from the date of the judgement’s publication to join the class action.
Joining the class action can thus be done either before or after the judgment upholding the class action and is admissible even without the assis - tance of a lawyer. The common representative of the claimants then prepares a schedule of the rights of each adherent, on the basis of which the delegated judge then orders the defendant undertaking/ company to pay the sums due to each of the claimants.
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