Brussels reconsiders group lawsuit plan

Author (Person)
Series Title
Series Details 5.2.11
Publication Date 05/02/2011
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The European Commission launched on the 4 february 2011 a public consultation aimed at achieving a coherent approach towards collective redress in the European Union.

The Commission, as a public authority and the guardian of the EU Treaties, enforces EU law. In parallel, individuals and business can seek enforcement of their rights under EU law in national courts. In some cases, the violation of EU law may trigger multiple individual lawsuits. Current EU law already provides for the possibility of pursuing collective actions for injunctions in the field of consumer law, but the national legal systems vary considerably concerning financial markets, competition, environmental protection, and other areas of law. The situation is even more diverse among Member States when several consumers or businesses want to seek damages in the same case.

The Commission’s public consultation will therefore attempt to identify common legal principles that should underpin collective actions across the EU (such as the need for effectiveness and efficiency, information for citizens and safeguards against abusive litigation). The outcome of the public consultation is open. Contributions can be sent until the end of April 2011.

The issue has bounced around Brussels for at least five years, prompting heavy lobbying from both consumer groups, which believe there should be better scope for victims of malpractice to get redress, and business groups, which have warned about a possible drift towards US-style 'class action' lawsuits.

Related Links
ESO: Background information: Brussels warned against US-style class actions http://www.europeansources.info/record/brussels-warned-against-us-style-class-actions/
European Commission: Press Release: IP/11/132: Commission seeks opinions on the future for collective actions in Europe http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/132&format=PDF&aged=0&language=EN&guiLanguage=en
EUObserver, 22.6.11: EU needs 'class action' law suits, consumer rights groups say http://euobserver.com/9/32530

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