Approaching consumer collective redress in the EU — business-oriented perspective

The main question to be answered in this analysis relates to the impact of the EU new legislative framework on the collective redress on the legal position of the business environment. The analysis concerns the system of collective redress as proposed by the European Commission in the Proposal for a Directive on representative actions (2018). The paper presents and examines the stakeholders concerns related to the proposed by the European Commission. Specifically, it discusses the issues such as: (i) lack of adequate safeguards mitigating the risk of abusive legal actions commenced by the consumers (abusive litigation), (ii) missing criteria for qualified entities entitled to bring an representative action and (iii) uncertainty in terms of consumer mandate to initiate representative action. The paper elaborates if and to what extent these concerns were shared by the EU institutions involved in the various stages of the legislative process.

Bibliografia/References

Ervo, L. (2016). "Opt-in is out and opt-out is in": Dimensions based on the Nordic Options and the Commission's Recommendation [in:] Hess, B. et al., eds., EU civil justice: Current issues and future outlook, Oxford and Portland: Hart Publishing. https://doi.org/10.5040/9781782257738.ch-010

Hodges, C. (2014). Collective redress: A Breakthrough or a Damp Sqibb? Journal of Consumer Policy, 37, 67–89. https://doi.org/10.1007/s10603-013-9242-0

Loos, M. (2019). The Modernization of European Consumer Law: A Pig in a Poke? European Review of Private Law, 27(1), 113–134.

Mucha, J. (2019). Heading towards an effective mechanism for the protection of collective interests of consumers. Yearbook of Antitrust and Regulatory Studies, 12(20), 205–229.

Sorabji, J. (2014). Reflections on the Commission Communication on Collective redress. Irish Journal of European Law, 17(1), 62–76.

Stadler, A. (2013). The Commission's Recommendation on common principles of collective redress and private international law issues. Nederlands International Privatrecht, 31(4), 483–488.

Stuyck, J. (2009). Class action in Europe. To opt-in or to opt-out, that is the question. European Business Law Review, 20(4), 483–505.

Twigg-Flesner, C. (2018), Bad hand? The 'New Deal' for EU Consumers. Zeitschrift für das Privatrecht der Europäischen Union (European Union Private Law Review), 15(4), 166–175. https://doi.org/10.9785/gpr-2018-150404