The Firm assisted a manufacturer of facial masks in the class action brought before the Civil Court of Milan

The Firm, with partners Silvia D’Alberti (antitrust), Licia Garotti (IP), counsel Stefano Ferrero (litigation) and associate Ottavia Fratton (litigation), assisted a manufacturer of filtering facial masks in a class action by a consumer association brought before the Civil Court of Milan, obtaining a declaration of inadmissibility of the action for being manifestly groundless.

The ruling is noteworthy in that it affirms the principle, maintained by the defendant company, according to which, pursuant to Article 140 bis, Paragraph I, Consumers Code the action is given to the consumer who can also act by giving a mandate to the associations, with the consequence that the promoters’ lack of interest in the action, as a condition of the action inherently immanent also in the class action, renders inadmissible the entire action.