The judgment confirms that consumer associations do not have a right to act (or to intervene) in the cases involving the collective or the public interests, and, particularly, concerning the price and the quality of the public services.
The consumer’ associations have standing to protect the collective interests of the consumers in accordance with the provisions of the Artt. 139-140 of the Italian Consumer Code. They are qualified, under certain conditions, to act to protect the collective interests of consumers and users by applying to a Court for - a prohibition order against actions damaging to the interests of consumers and users; - suitable measures to remedy or eliminate the damaging effects of any breaches; - orders to publish measures in one or more national or local daily newspapers where publicising measures may help to correct or eliminate the effects of any breaches.
The judgment also confirms that the administrative courts are competent to decide the controversies involving the public services and this in accordance with the provisions of the Art. 140, par. 11, of the Italian Consumer Code providing for the: “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” .