Sulla legittimazione a proporre l'azione di classe e altre questioni

The peculiar goal of class actions is that in the event of the successful fulfillment of the adequacy requirement plaintiffs give “mandate” to associations, they are not bound to grant such associations a substantial representative power in respect of the management of the relationship on which a class action is based. Indeed, plaintiffs are able to limit the representative engagement – and related representative power – in the proceedings and in the supportive activities, mainly of technical and financial nature, aiming at the actual achievement of the goals attached to the legal measure in question. In the light of the complex rationale under Art. 140-bis of the Italian Consumer Code, the intervention in the proceedings by associations is not subject to the restraints provided for by Art. 77 of the Italian Code of Civil Proceeding.