The administrative control against unfair terms under the Italian legislation: article 37 bis of the Consumer Code

Abstract

Different countries of the European Union, based on article 7 of the Directive 93/13/CEE, have recognised a power of control about unfair terms to administrative entities. Italy through Decree-Law of January 24, 2012, Disposizioni urgenti per la concorrenza, lo sviluppo delle infrastrutture e la competitivita, introduced a new article 37 bis in the Consumer Code whereby granted competence to an independent administrative entity (Autorità Garante della Concorrenza e del Mercato). This article states two different types of procedure: one preventive-consultive and another one successive- declarative. The following paper besides, analysing the origin of this new article and its practical consequences and how each of these procedures are developed.