Consumer law and its basic princ

Regulation n. 281 of July 30, 1998 was the only existing regulation for the defense of consumers in Italy until October 2005 and it was actually considered the one and only Consumer Law.

The Consumer Code was introduced on October 23, 2005. It resumes and resets all the regulations related to consumer law, in order to defend consumers in all negotiations and/or contract processes, in coordination with European regulations as well.

Art. 2 of the Consumer Code lists the fundamental rights of consumers and users:

6. Rigth to the promotion and the development of free, voluntary and democratic consumers associations

7. Rigth to the provision of public utilities that respect quality and efficiency standards.

Basic consumer’s rights were officially stated at a European level in 1975 by the Pre-edit program for a policy of protection and information of consumers. At that time, the program only included the right to protection of health and safety, the right to protection of financial interests, the right to compensation for damages, the right to information and education, and the right of representation. Since then, the Community policy has been walking far ahead on these matters, and the rights and interests of consumers have been specifically identified, probably thanks to the development of the orgainzed consumerism and to its ability to press on the various contexts on both national and community levels.

Here below are the main Italian regulations for consumer protection that have been included in the Consumer Code :

Damages for defective products	D.P.R. 224/88 modified by D.lgs. 25/2001
Consumer information	L. 126/91 modified by L. 146/94
Misleading and comparative advertising	D.Lgs. 74/92 modified by D.Lgs. 67/2000
Contracts negotiated away from business premises	D.Lgs. 50/92
Banking and credit acts	D.Lgs. 385/93 art. 125 paragraphs 4 and 5
All inclusive travels and holidays	D.Lgs. 111/95 modified by L. 57/2001
Consumer law	L. 281/98 modified by L. 340/2000; D.Lgs 224/2001; L. 39/2002
Timeshare contracts	D.Lgs. 427/98
Electronic sale of goods	D.Lgs. 114/1998 art. 18 paragraph 7
Distance selling contracts (TV, telephone, internet)	D.Lgs. 185/99
Consumer credit	D.Lgs. 62/2000
Price display	D.Lgs. 84/2000
Inhibitory measures for the protection of consumers’ interests	D.Lgs. 224/2001
Consumer goods guarantee	D.Lgs. 24/2002 introducing art. de1519 bis a octies
General security of products	D.Lgs. 172/2004
Misleading advertising	L. 49/2005
Doorstep canvassing	L. 17/8/2005 n. 173
Rules for the defense of buyers’ property claims on properties to be built	D.Lgs. 122/05
Restrictive covenants	Civil Code art. from 1469bis to sexies