Le pratiche commerciali scorrette alla luce della direttiva omnibus

The essay leads from an overview of the new features brought by the ‘omnibus’ directive. In particular, it focuses on the change of perspective with regard to remedies, to whom art. 11-bis of the directive is dedicated, actually literally transposed by the italian legislature in the new paragraph 15-bis of art. 27 of the consumer code. The author also highlights several problems of interpretation: such as considering the nature of the liability to be placed at the basis of the remedies taken into consideration, the active legitimation for the exercise of the latter (expressly circumscribed to consumers), as well as the relationship between private protection and the system of administrative sanctions.