CASE COMMENTS : ITALY – INTERVENTION OF A THIRD PARTY TO CLASS ACTION – STANDING TO SUE FOR A LEGAL REPRESENTATIVE OF A CONSUMER ASSOCIATION – CLASS ACTION SCOPE
Italy: The Court of Milan decides on the intervention of a third party to class action and on the conditions required to bring class action (V.D. e ADUC/Microsoft)
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By an order dated 20 October 2011, the Court of Milan ruled on certain procedural aspects of the new collective action contained in Article 140 bis of the Consumer Code (provision introduced by Article 49 of the Law of 23 July 2009, No. 99, in force since 1 January 2010).
The president of the consumers' association ADUC (Association for the Rights of Users and Consumers) had bought a computer with the Microsoft Windows 7 Starter operating system and had asked the producer of the computer - the company Asusteck Italia - to inform him of the procedures for uninstalling the software pre-installed on the computer and to refund the price paid for it.
Faced with
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