Legislation

This section contains the general legislative framework for alternative dispute resolution systems and, more specifically, that for the insurance sector, with particular reference to the functioning of the Insurance Ombudsman (AAS).

At the European level, the following relevant provisions should be considered:

• Commission Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for alternative dispute resolution for consumer disputes (Recommendation 98/257/EC);
• Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer (directive on consumer ADR);
• Directive 2016/97/EU (Insurance Distribution Directive – IDD).

At the national level:

• Code of private insurance (Legislative Decree no. 209 of 7 September 2005), in particular Title XIII laying down provisions on disclosure of contractual operations and policyholder’s protection, where Article 187.1 provides for the establishment of alternative dispute resolution systems for the settlement of disputes between intermediaries and customers;
• Consumer Code (Legislative Decree no. 206 of 6 September 2005), in particular article 143, as well as Part V, Title II-bis, concerning the «alternative dispute resolution»;
• Legislative Decree no. 28 of 4 March 2010, on «Implementation of Article 60 of Law no. 69 of 18 June 2009, on mediation aimed at the conciliation of civil and commercial disputes»;
• Legislative Decree no. 132 of 12 September 2014, converted, after amendment, by Law no. 162 of 10 November 2014, containing «Urgent measures for the de-judicialization and other measures to clear the backlog of civil litigation cases»;
• Legislative Decree no. 130 of 6 August 2015, on the «Implementation of Directive 2013/11/EU on alternative dispute resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)»;
• Legislative Decree no. 68 of 21 May 2018 on the «Transposition of Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution»;
• Legislative Decree no. 187 of 30 December 2020, introducing «Amending and supplementing provisions to Legislative Decree no. 68 of 21 May 2018 transposing Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution»
• Decree no. 215 of 6 November 2024 of the Minister of Enterprises and Made in Italy in conjunction nwith the Minister of Justice, introducing the «Regulation on the determination of the criteria for the out-of-court redress procedures for disputes with customers relating to insurance benefits and services arising from insurance contracts, as well as the criteria for the composition of the deciding body and the nature of disputes handled by the systems referred to in Article 187.1 of Legislative Decree no. 209 of 7 September 2005 as subsequently amended and supplemented»;
• Decree of the Minister of Economic Development of 31 August 2021 (in effect as of the day following the publication in the Official Journal of Decree no. 215/2024), on the fee to be paid by the complainant to submit the complaint to the AAS;

• technical and implementing provisions issued by IVASS pursuant to article 13 of Decree no. 215 of 6 November 2024 of the Minister of Enterprises and Made in Italy in agreement with the Minister of Justice.

The framework is completed by:

• the regulation on the functioning of the AAS’s decision-making body;
• the code of conduct which identifies the fundamental values and principles and establishes the rules of conduct for the members of the panels;
• the table of the fees payable to the panel members.