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  • Author or Editor: T.M.C. Arons x
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T.M.C. Arons

Collective proceedings are a remedy to mass damage events. Member states of the EU have various collective action and settlement proceedings. Unlike the collective action rules, the private international aspects of jurisdiction, lis pendens, staying because of related actions and recognition of judgments are maximally harmonised by the EU legislator. The Brussels Ibis regulation determines these questions in civil or commercial claims. Courts have jurisdiction as forum rei to hear collective action claims against (legal) persons domiciled in that member state. In mass damage cases involving another member state, legal persons may also be sued by claimants or representative organisations with collective claims before the courts of the place where the harmful event occurred or of the place where they directly incurred their initial losses. Questions where pure economic loss must be situated remain to be preliminarily referred to the CJEU. Under the Brussels Ibis regime, judgments in collective action or settlement proceedings rendered by courts of member states must be recognised by courts in other member states. Its binding effect is determined by the lex fori originis. The binding effect of collective action procedures based on the opt-in collective action model is limited to the registered claimants and the defendant. Persons who did not opt in (either by filing a claim at the court or by registration) are not precluded from litigating. Opt-out collective action procedures are binding on all members of the group in whose interest proceedings were conducted.