Mass Justice

Mass Justice

Challenges of Representation and Distribution

Edited by Jenny Steele and Willem H. van Boom

This insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests.

Chapter 4: Cross-border Mass Litigation: A Particular Challenge for European Law

Astrid Stadler

Subjects: economics and finance, law and economics, law - academic, consumer law, human rights, law and economics, law and society, politics and public policy, human rights

Extract

Astrid Stadler SITUATION OF MASS LITIGATION IN EUROPE 1. Europe faces a complex situation in terms of collective redress. Certain Member States – particularly Sweden, Finland, and Denmark1 – have reformed their traditional system of collective redress in recent years, adopting different types of group action models. Others, such as Germany, still feel highly suspicious of “class actions”, and favour representative actions or model case proceedings, while a large number of Member States have done nothing at all to improve collective redress.2 On the European level, DG Competition published a White Paper3 on the private enforcement of antitrust law, which favours a combination of opt-out representative actions brought by qualified entities and private opt-in collective actions.4 The initiative started by DG Health and Consumer Protection remains in the stage of a 2008 Green Paper discussing several options including opt-in group actions for consumer collective redress.5 All in all, it seems likely that a group action will be proposed by the new Commission in 2010 for the private enforcement of competition law, and at least for cross-border consumer cases. Among the many types of actions falling in the category of collective redress,6 this chapter deals only with group or class actions for damages. Model case proceedings and representative actions (e.g. by consumer organisations) raise different questions in the cross-border context. The same is true for actions directed to obtain a court injunction rather than monetary compensation. The question of how European law can balance the efficient administration of collective redress against fundamental...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information