For the first time consumers' "collective interests," as opposed to "subjective rights," are explicitly recognized and protected by an ad hoc tool, the Representative Action, which has made significant changes in the domestic...more
The Situation: Negotiators for the European Parliament and the Council of the European Union (the "Council") have reached an agreement on new European rules on collective consumer action. The Council has thus published a...more
The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more
6/13/2018
/ Class Action ,
Collective Redress ,
Consumer Protection Laws ,
Cross-Border ,
Declaratory Judgments ,
Disclosure Requirements ,
EU ,
European Commission ,
Injunctive Relief ,
Member State ,
Proposed Legislation
The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more