Pratiche commerciali scorrette e rimedi nuovi. La difficile trasposizione dell'art. 3, co. 1, n. 5), dir. 2019/2161/UE

The essay analyses new art. 11-bis dir. 2005/29/CE (introduced by dir. 2019/2161/UE) which has to be transposed in our system, amending the current law against unfair commercial practices. According to the new rule, consumers harmed by unfair commercial practices shall have access to proportionate and effective remedies, including compensation for damage suffered by the consumer and, where relevant, a price reduction or the termination of the contract. This writing deals with the relevant juridical categories, in order to suggest a transposition of the directive consistent, at the same time, with consumer protection goals and Italian private law system. Particular attention is dedicated to the remedy called ‘termination of the contract’ under Directive 2019/2161/UE, which is intended to be unilateral, in order to avoid critical aspects of the current law and to facilitate consumers, usually reluctant to initiate private lawsuits. Civil liability is also considered, specifically to define its nature between contractual and non-contractual rules.