‘Opt-In’ Class Actions in Italy: Why are they Failing?

In June 2013 the European Commission recommended to Member States the adoption of an ‘opt-in’ compensatory collective redress mechanism to facilitate private enforcement of EU rights. A damages class action was introduced in Italy more than six years ago with features very similar to the compensatory collective redress action recommended by the European Commission. This survey of Italian case law on the ‘opt-in’ class action briefly discusses the reasons for the almost complete failure of this procedural device in this jurisdiction.