The Tribunale di Palermo has stated that a term is not unfair when, without its adoption, it is not economically feasible for a company to supply a public service.
The judge also deemed that a term of the standard contracts for the public service of water distribution, upon which the consumer has to pay for any present and future burden related to the service and not indicated in the contract, is unfair under the article 1469-bis of the Italian Civil Code
The decision confirmed the legal standing of the consumer association to seek an injunction for the protection of the consumers’ interests.
Actually, the article 1469-sexies of the Italian Civil Code provides for the action for an injunction for the protection of consumers. As for such article, Craft and Trade Chambers and the associations, representing consumers and professional workers, may avail themselves of an action for an injunction.
The judge may give an urgent injunction (i.e. inibitoria urgente) only to protect the fundamental personal rights of the consumers from an irreparable damage (see the article 1469-sexies, paragraph two, of the Italian Civil Code).