HP Obtains Dismissal of One of the First Italian Class Action Lawsuits

May 16, 2013

Cleary Gottlieb acted as counsel to HP Italiana in obtaining the dismissal of one of the first Italian class action lawsuits brought by an Italian association allegedly acting on behalf of three individuals.

The claim concerned alleged unfair commercial practices under the consumer code and alleged violations of the provisions set forth in EC Regulation No. 1907/2006 regarding safety data sheets.

The Court of Milan issued its decision on May 16, 2013, denying the certification of the class action, holding that the plaintiffs lacked standing to sue, that HP Italiana lacked standing to be sued and that the evidence submitted by the plaintiffs was insufficient to ground their claims. The Court of Milan ordered the plaintiffs to pay HP Italiana’s legal fees and to compensate the damages caused by having brought a frivolous claim. This is the first time that an Italian court has ordered such a compensation in a class action lawsuit.