Inhibitory Injunction Against Unfair Contract Terms

Abstract

This essay analyses the evolution of the collective inhibitory action against unfair contract terms under the perspective of the domestic and European law. More precisely, the focus is on both the positive aspects and the critical issues of the remedy. The aim of this essay is to evaluate the efficacy of this remedy twenty years after its introduction into the Italian Civil Code. The analysis confirms that this remedy plays a key role in pursuing a preventive and collective form of protection for consumers, despite having been little considered by the case-law. Specifically, whereas there is an increasing use of other preventive/alternative remedies, this work emphasizes the growing relevance of the inhibitory action’s deterrent effect. Indeed, while those preventive/alternative remedies are generally preferred to the inhibitory action under consideration, the effectiveness of the former still heavily relies on the existence and deterrent effect of the latter.