Wybrane aspekty azione di classe w prawie włoskim
Selected aspects of azione di classe in Italian law

Summary/Abstract: The purpose of this article is to discuss the selected aspects of class action in Italian law – azione di calsse. The Author discusses the genesis of introduction azione di classe to the Italian Consumer Code of 6 September 2005, by virtue of the Act on amending of 24 December 2007. In Italy, the issue of class action has become extremely significant in relation to financial scandals concerning the Argentine bonds, as a result of which they were victimed crowds of Italian creditors. In Art. 140-bis paragraph 1 and 2 of the Consumer Code regulated primarily subjective and objective scope of azione di classe, considerably narrowing it. Furthermore, the procedure was built as a two-phase procedure consisting of the preliminary stage in which the court examines the admissibility of the action and the stage of substantive resolution of the case. To the extent not covered by Art. 140-bis of the Consumer Code, the provisions of the Code of Civil Procedure of 1940. It should also pay attention to the two roads possibilities for settlement of class action by the court. In the science of Italian law the current model azione di classe is criticized.

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