Collective redress is a legal term used within the
European Union to define the legal instrument of group proceedings as there is absolutely no regulation at the moment. At the present the
European Commission is working on a study to introduce European class action, similar to the US
class action.
Background
The project is currently at the stage of obtaining expert report and opinion. A survey carried out by the
Commission showed that more than 79% of
EU consumers
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
would exercise their rights with other
claimant
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
s in the event of joint proceedings. The possibility of group action would enable inexpensive legal action and would also act as deterrent.
[BEUC, loc cit (fn 1), p 2 ff.] The
Commission has declared that it will not be copying the US system, will avoid abusive and excessive practices and will take account of the 27 legal systems of
member states
A member state is a state that is a member of an international organization or of a federation or confederation.
Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
that have developed over time. The instrument of class action will not confer any new rights or create new claims but will only provide new ways of asserting these. Some European states already have proceedings which are similar to class action, others have introduced compromises, such as legal action taken by associations, although most
EU member states
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
do not have any such instruments.
Further reading
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References
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External links
EuropeInvestControl
European Union legal terminology