Consumer associations will be eligible to bring collective claims against companies for various forms of redress. The introduction of the collective redress action increases the risk that companies will have to expend...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
A draft for a bill from the pen of the Federal Ministry of Justice, currently discussed interdepartmental, provides insight on how Germany plans to implement Directive (EU) 2020/1828 on representative actions for the...more
With Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (“the Representative Actions Directive”) in force and to be implemented by...more
Recent developments in the area of collective redress will redefine the litigation landscape in Germany and throughout Europe. Mass actions have been on the rise throughout Europe for some time. In 2020, the balance...more
It took longer than expected, although not primarily because of the COVID-19 pandemic. More than two years after the EU Commission submitted its first proposal, the Directive on representative actions was adopted by the...more
The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more
The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more
The European Commission is proposing a directive that would repeal the existing Injunctions Directive and require European Union (EU) member states to introduce into their national laws representative actions for the...more
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