COLLECTIVE REDRESS IN EUROPE: MOVING FORWARD OR TREADING WATER?

In: The international & comparative law quarterly: ICLQ, Volume 71, Issue 2, p. 465-479

Abstract

AbstractThe recent Representative Actions Directive 2020/1828/EC is a welcome advance in developing collective redress in Europe. However, this article contends that whilst the Directive is a positive development, shortfalls in its design restrict its potentially transformative impact for consumers. Critical examination is made of the Directive's rules on scope, standing, remedies, alternative dispute resolution (ADR), cross-border claims, funding, awareness and the provision of information. The article further considers whether the Directive will serve to improve co-ordination in civil procedure in this area which has traditionally been very diverse at a Member State level.