Il risarcimento del danno nell'azione di classe: ancora su App. Venezia 16 novembre 2023 n. 2260 (e sui primi commenti ad essa)

The judgment of the Court of Appeal of Venice no. 2260/2023 aroused criticism for its denial of the compensability of pecuniary damage in the context of a class action that was part of the litigation originating from the so-called Dieselgate. The essay suggests a different reading, hinging on the premise that the affirmation of the existence of a damage always descends from the elements of proof that the plain¬tiff has been able to provide in the individual trial: in the case decided by the Venetian Court, those elements of proof were unsuitable to found a compensatory sentence by way of pecuniary damage. From the point of view of the overall effectiveness of the compensatory remedy in class actions, in light of the objectives pursued by the latter, the essay then suggests taking into consideration also the profile of non-pecuniary damage, recognised by the jud¬gement in terms of moral damage from crime, suitable to carry out a function of de¬terrence from the repetition of illicit behaviour and sanctioning of behaviour already implemented.