Legal Literature

Legal Literature Details
Member State Italy
Title Consumer court and clauses of predetermination of ADR organism: the news deriving from legislative decree 6 August 2015, No. 130, and the occasion for rethinking the relationship between alternative dispute resolution mechanisms, on one side, and justice, public or private, on the onther side.
Type article
Reference Le Nuove Leggi Civili Commentate, n. 1, 2016, pp. 118-128
Publication Year 2016
Keywords consumer, injunction, qualified entity

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

The article describes the implementation of the legislative decree of 6 August 2015, No. 130 regarding alternative dispute resolution organisms.
The first part gives an overview of the doctrinal positions in relation to the application of art. 32, paragraph 2 of the consumer code to the clauses on the ADR organism in disputes between consumers and operators. The second part explores the risks arising from interpretations excessively formalistic, as well as the tendency to mix conciliatory and adjudicatory models.
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