Consumer protection

Legal instruments.

It is basically made of two legal safeguards:

  1) The first is the National Consumer Council, which is based at the Ministry of Industry, acts as a preventive protection function of consumers, with consultative and proactive.

  2) The second is constituted by consumer associations, which are more than a fortnight.

These provide both consumer advocates, who can turn to one of them.

   

 

The consumer associations must be included in the list of the Ministry of Industry, published in the Official Gazette; only those registered are part of the National Consumer Council.

But before you ask the judge for the harmful behavior block or to take measures to correct or eliminate the harmful effects, the association can activate the arbitration proceedings before the Chamber of Commerce, or needs to require the person to whom is attributed such behavior.

After 15 days, if the complaints have not had the desired effect, the Association may apply to the Judge.

For distance sales (e-commerce, etc.) And to the doorstep selling consumer associations are entitled to act to protect the collective interests of consumers (see par. 3.5).

The organizations recognized in another EU State and included in the list of entities qualified to bring an injunction to protect the collective interests of consumers, may take action against acts or conduct prejudicial to consumers of their country, in whole or in place partly on the Italian territory (Legislative Decree. n. 224/2001, art. 2, "Right of action for intra-Community infringements").

The legislative decree, consists of four items, with the art. 1 goes to broaden the scope of the Law of 30 July 1998 n. 281 by adding to it an attachment, Annex I, which in addition to regulate the aforementioned distance selling and doorstep selling, introduces several other rules for the protection of the consumer, such unfair terms of contracts concluded with consumers.

 

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