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Astrid Stadler

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Astrid Stadler

Chapter 4 describes remedies and the structure of collective redress proceedings, but also gives a comparative background of the European Rules of Civil Procedure. Collective redress proceedings under the ERCP can ask for damages or any other kind of redress. Filing of a collective redress action requires a prior consultation of the defendant and invitation to negotiate a settlement. Courts must certify the collective action in a first stage of proceedings according to Rule 212, decide on the application of the opt-in or opt-out scheme, and select a `qualified claimant’ if necessary. The ERP also offer proceedings for declaring a settlement binding which has been negotiated into between the representative entity and the allegedly liable party. Once the parties to the settlement agreement have filed a joint application to the court for approval of the settlement. The court will scrutinize the settlement and grant approval if applicable.

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Astrid Stadler

Chapter 9 describes the procedure for obtaining court approval for a collective settlement negotiated during a collective redress action pending and based on stand-alone proceedings. European courts have to protect the interests of absent group members, but they will encounter several difficulties in finding out whether collective settlements are fair and adequate. The ERCP do not provide detailed standards to be applied when scrutinising and approving a collective settlement, but European courts may learn from the experience of class action settlements in the US and Australia where lists of criteria have emerged from case law. Courts must be aware of the typical conflicts of interest involved in collective settlements. They also need procedural tools to get access to information for the approval, parties and group members will often not object to the collective settlement.

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Edited by Christopher Hodges and Astrid Stadler

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Edited by Christopher Hodges and Astrid Stadler

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Christopher Hodges and Astrid Stadler

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Resolving Mass Disputes

ADR and Settlement of Mass Claims

Edited by Christopher Hodges and Astrid Stadler

The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach.
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Astrid Stadler, Emmanuel Jeuland and Vincent Smith

This introduction sets out the background to the European Rules of Civil Procedure project, and why the book focusses on collective redress rules. It traces the history of the ERCP project with the European Law Institute and Unidroit, and its relationship with developing EU legislation - especially The European Commission's 2018 consumer representative actions proposal in tis 'New Deal for Consumers'. Finally the introduction outlines the contents of the book - starting with the book section on parties and then describing the chapters in the book on collective redress.

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Astrid Stadler, Emmanuel Jeuland and Vincent Smith

This introduction to the collective redress part of the book begins with an outline of the current state of national collective redress procedures in Europe. It then seeks to place the model collective redress rules in the context of the overall European Rules of Civil Procedure by reference to the structure and terminology of the ERCP rules. It notes the three methods of collective redress being commented in the book - collective actions, with a possibility of an ‘opt-in’ regime, settlement of a collective action and pre- action settlement. The availability of a ‘stand-alone’ settlement mechanism - based on the long-standing Dutch ‘collective settlement of mass harm’ legislation is seen as particularly important. Finally, a brief synopsis of the book chapters dealing with collective redress is given.

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Edited by Astrid Stadler, Emmanuel Jeuland and Vincent Smith