European e-Justice Portal - Case Law
Close

BETA VERSION OF THE PORTAL IS NOW AVAILABLE!

Visit the BETA version of the European e-Justice Portal and give us feedback of your experience!

 
 

Navigation path


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID 406
Member State Italy
Common Name Adiconsum- Cisl v. Provincia di Latina A.T.O. n. 4
Decision type Other
Decision date 24/06/2006
Court Tribunale Amministrativo Regionale del Lazio
Subject
Plaintiff
Defendant
Keywords

Injunctions Directive, Article 2, 1. Injunctions Directive, Article 3

Consumer associations have the right to bring a suit before the administrative court against the tariff provision of the water service (“servizio idrico integrato”).
According to the judgment, in accordance with the provisions of the Artt. 139-140 of the Ita-lian Consumer Code, a consumer association has standing to protect the collective interests of the consumers that are clearly involved in the process of pricing of the water service.
Adiconsum, one of the leading consumer associations in Italy, brought a suit against the tariff provision of the water service. The Tribunale Amministrativo Regionale del Lazio confirmed that this case involves the collective interests of the consumers and, thus, granted standing to the organisation under the Artt. 139-140 of the Italian Consumer Code.
The judgment recognizes that the supply of public services according to standards of quality and efficiency is one of the fundamental rights of consumers and users (Art. 2, par. 1, letter g) of the Italian Consumer Code).
In particular, the Tribunale Amministrativo Regionale del Lazio confirms that the administrative courts are competent to decide the controversies involving the public services in accordance with the provisions of the Art. 140, par. 11, of the Italian Consumer Code, stating that: “Sole jurisdiction of administrative judges in relation to public services pursuant to Article 33 of Legislative Decree no. 80 of 31 March 1998 is not affected” .
More important, the administrative judges established that the process of pricing of the water service is relevant for the collective interests of the consumers and, thus, they concluded by granting standing to a consumer association to bring an action against the tariffs provisions.
In consideration of the case-law in the database, I note that there is no uniformity within the case-law of the administrative courts about the interpretation of the Artt. 139-140 of the Italian Consumer Code (i.e. the standing requirements for consumer associations in cases involving the interests of a group of citizens and, particularly, the supply of public services).
Full Text: Full Text

No results available

No results available