L'azione rappresentativa e il raccordo imperfetto con il diritto privato regolatorio : le decisioni delle authorities tra libero apprezzamento e presunzioni giurisprudenziali : spunti sull'ARRET REPSOL

Abstract

The essay starts out from a reconstruction of the policy design under-lying directive 2020/1828/EU in the sign of European regulatory private law and of the need, therefore, to see representative action placed closely behind the public enforcement , so as to transpose its underlying directives and project them along the remaining part of the private en-forcement chain. The author considers, however, that this design was only partially realised by Legislative Decree No. 28 of 10 March 2023, transposing the unitary rule, pointing out its various critical elements, starting with that which made the representative action a species of the genus of the generalist class action. The author also dwells on the drawbacks that, for the purposes of a full connection between public and private enforcement, arise from the vague dispositions that the new discipline dictates, regarding the possi-ble relevance, in the event of a representative judgement, of the Author-ities' decisions. Therefore, by critically reviewing the main reconstructive options proposed in this regard by many scholars and accepted, with a variety of nuances, by jurisprudence, he proposes the thesis according to which the decisions of the administrative authorities should be subject to jurisprudential presumptions