ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
Opt-In The joining system provided for by the class action rules is based on the opt-in mechanism – eg, it is required that the individual explicitly consents to be included in the class. The indi- viduals joining the class have to expressly grant to the common representative the authority to represent them in the proceedings. 3.8 Requirements for Cost Estimate At the outset of a litigation or potential litigation, attorneys are required to inform the client of the level of complexity of the case and to provide him/her in writing with a cost estimate. 4. Pre-trial Proceedings 4.1 Interim Applications/Motions Please see 6.1 Circumstances of Injunctive Relief . 4.2 Early Judgment Applications A party can apply for early judgment in the fol- lowing cases. Order for the Payment of Undisputed Sums During the proceedings, a party may apply to obtain an order for the payment of the sums that are not challenged by the parties. Order for Injunction During the proceedings, the parties may ask the court, when the claim consists in the payment of a liquid sum of money, or in the delivery of a certain quantity of fungible assets or of a spe- cific movable asset and it is proved in writing, to order the relevant payment or delivery.
Order Following the Closure of the Investigation
During the proceedings, once the investigation phase has been completed, on application of the party seeking an order for the payment of sums of money or the delivery or release of assets, the court may order the payment, delivery or release, if the court deems that sufficient evidence has been presented. Injunction Proceeding The injunction proceeding is the special and summary proceeding by which the holder of a liquid, certain and collectable claim, based on written proof, may obtain, by submitting an application to court, an order (“ decree ingiun- tivo ”) requiring the debtor to perform the obli- gation (of payment or delivery) within 40 days from the service, warning him/her that within the same period he/she may file an opposition (thus transforming the summary proceedings into ordinary proceedings) and that, in the absence of opposition, enforcement will take place. Orders Immediately Granting or Rejecting the Claim The Cartabia Reform has introduced the follow- ing orders. • Order granting the claim: In disputes con- cerning disposable rights, the court, on application by a party, may, during the proceedings of first instance, issue an order granting the claim, if the facts are proven and the opposing party’s defences appear mani- festly ungrounded. The order is provisionally enforceable, but it can be appealed and does not acquire the force of res judicata. • Order rejecting the claim: In disputes relating to disposable rights, the court, on applica- tion by a party, may, during the proceedings of first instance and after the first hearing,
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