Collective redress
In February 2011, the Commission launched a horizontal public consultation “Towards a more coherent European approach to collective redress.” The purpose of this consultation was to identify common legal principles and how these principles could fit into the EU legal system and into the legal orders of the 27 EU Member States. The consultation also explored in which fields different forms of collective redress (injunctive and /or compensatory) could have an added value for improving the enforcement of EU legislation or for better protecting the rights of victims.
BIPAR response to the European Commission's consultation on the “Towards a more coherent European approach to collective redress” (May 2011) ►
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On 8 May 2009, the European Commission organised a consultation on the follow-up to the Green Paper on consumer collective redress. According to the Commission, a trend could be identified towards an increasing scaling up of mass claims. Expanding mass consumer markets with consumers shopping cross-border and on the internet create a high potential for large groups of consumers being harmed by the same or a similar illegal practice of a trader. The Commission was exploring ways to ensure that such consumer mass claims are solved. Collective redress could be a means to handle this type of claims.
In its consultation paper, it proposed 5 options which went from an assessment of the current situation and of any developments considered likely to occur without any EU action to the introduction of an EU-wide judicial collective redress mechanism including collective ADR.
BIPAR response to the European Commission's consultation on the “Follow-up to the Green Paper on consumer collective redress” (July 2009) ►
