The decision concerned the interpretation of the Law no. 281 of 30 July 1998 (“Disciplina dei consumatori e degli utenti” in the Official Journal 14 August 1998 no. 189).
The Law no. 281 implemented the Directive 98/27/EC of the European Parliament and the Council of 18 May 1998 on injunctions for the protection of consumers’ interests.
As to the decision, a clause providing an excessive penalty (see the article 1382 of the Italian Civil Code on penalty clauses) for the delay to pay the parking tickets. is unfair under the provisions of the Law no. 281 of 30 July 1998 and thus it should be considered null and void.
In this case, the Tribunale di Roma confirmed the standing of the plaintiffs, Federconsumatori and Adusbef, to seek an urgent injunction (i.e. inibitoria urgente).
The urgent injunction is needed only to prevent urgent and irreparable damages to the consumers’ interests.
It - as in our case - is usually granted on a temporary basis, that is, until the court hears all the arguments of the both parties in full at a final hearing.
The Court granted an urgent injunction to the plaintiffs to inhibit the adoption of the contested term and agreed to publish an abstract of the decision in some newspapers. The publication aims to contribute to the correction or elimination of the effects of said infringements.