Legal Literature

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.