New European collective actions legislation approved

24 November 2020 marks the final approval of the new European collective actions legislation, the Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC (the "Directive"). This note summarises the main provisions entering into force and a short review from EU Member State perspectives.

The Member States have latitude when implementing certain features of the Directive. The next 24 months will therefore be decisive for the shape of the collective proceedings in the Member States and some jurisdictions may emerge as enabling these representative actions with fewer options than others. Given the possibility of cross-border representative actions, we may see some venues becoming (even) more popular for collective redress. While the Directive promises safeguards against abusive lawsuits it will be crucial that defendants’ rights and fairness of procedure are going to be maintained in practice.

Read more: New European collective actions legislation approved


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