AZIONE DI CLASSE E RISARCIMENTO DEL DANNO NON PATRIMONIALE

The dissertation I hereby present, entitled "Class Action and Compensation for Non-Pecuniary Damages.", is divided into three chapters. The first is devoted to the origins of class actions - as developed in common law systems - and to the analysis of the most problematic features of this legal institution. The second chapter dwells, on the other hand, on the evolution of collective protection in Italy, reviewing its main stages until arriving at the recent reform, introduced by Law 31/2019, which is critically analysed in its aspects of greatest novelty and interest. Finally, the third chapter, moving from the controversial concept of homogeneity of legal positions that can be brought in collective form, focuses on the relationship between class action and non-pecuniary damage: drawing from the analysis of recent jurisprudential case law concerning the non-pecuniary damage suffered by the passengers of a railway network due to the serious inefficiencies caused by the managing agency, I came to prospect an alternative regime of non-pecuniary damage, so as to adapt this instrument of protection to the peculiarities of class action. The regulatory model thus identified was then, finally, declined in practical terms, hypothesizing its possible application to the controversial area of data protection and the non-pecuniary damage resulting from its illicit processing.