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.
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