L’azione rappresentativa quale strumento di co-regolazione nel diritto privato europeo del digitale

This article examines the representative action for the protection of collective consumer interests (Directive 2020/1828/EU) as a co-regulation tool within EU Digital Private Law. Against the backdrop of a latent tension between fundamental rights protection and market-oriented logic in the EU digital regulatory framework, the article argues that the representative action serves as a pivotal link between public and private enforcement. It further contends that the Italian transposition (Legislative Decree No. 28/2023) falls short of this potential, as the assimilation of the representative action to the class action model and the absence of binding effect for authorities' decisions in civil proceedings weaken its co-regulatory function.