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Protection of consumers

The definition of consumer pursuant to Council Directive n. 93/13/EC concerning unfair terms in consumer contracts (art.2 lett.b), has been literally reproduced in art. 1469/bis of the civil code. As per this article consumer means “any natural person who is acting for purposes which are outside his trade, business or profession which he possibly carries out”. This directive, provides for the ineffectiveness of terms considered as vexatious (art.1469-quinquies c.c.) as well as for the action for an injunction for the protection of consumers (art. 1469- sexies c.c.). Craft and Trade Chambers, and the associations representing consumers and professional workers may avail themselves of an action for an injuction.

Law n.281 of 30 July 1998, concerns the rights of consumers and users; as per art.3 of said Law, consumer associations protecting collective interests may request from the judge an injunction for acts and behaviours prejudicing the rights of consumers, the adoption of measures to correct and eliminate the damaging effects of infringements ascertained and the order to publish the measure in one or more daily newspapers at a national or local level in order to contribute to the correction or elimination of the effects of said infringements

Legislative decree n. 185 of 22 may 1999 , implemented Community Directive 97/7/EC in relation to the protection of consumers in respect of distance contracts.

Finally, by implementation of Directive n.99/44/EC, on the sale and consumer goods and associated guarantees , the protection of consumers has been widened by art. 1519-quater of the civil code. Protection instruments which have been provided, constitute the real legislative innovation introduced by said directive with respect to protection instruments which the ordinary buyer has, that is the reduction in the price or the contract rescinded.
In particular, the consumer, in the case of lack of conformity of the goods, shall be entitled to: have the goods restored to conformity with the contract free of charge choosing either repair or replacement, or, failing this, to have the price reduced or the contract rescinded. It is, besides, established the right of redress of the final seller with respect to the other persons liable in the contractual chain in order to obtain recovery of what has been lent in compliance with the remedies offered to the consumer (art.1519-quinquies).

In relation to matters concerning consumer goods, the Italian State has made every possible effort in implementing the European Extra-judicial Network EEJ-Net). To this purpose, a domestic Clearing house has been created in order to settle disputes on an extra-judicial basis pursuant to Recommendations dated 30 march 1998 and 4 April 2001of the European Commission concerning the principles applicable to bodies liable for extra-judicial resolution of disputes in relation to matters concerning consumer goods.





Last modified: 14/05/2008