collective redress

beansproutscompleteSoftware and s/w Development

Dec 13, 2013 (3 years and 5 months ago)

59 views


Financial Services and Consumer redress Unit

DG SANCO


The Commission‘s initiative on
Collective Redress

The Commission’s package

of 11 June 2013


the
Communication

"Towards a European
Framework for Collective Redress"




the
Recommendation

on common principles for
injunctive and compensatory collective redress
mechanisms in the Member States concerning
violations of rights granted under Union Law




the proposal for a
Directive

on Antitrust
Damages Actions

The Communication



reports the
stakeholders' views
in response to
the Public Consultation of 2011



presents the
Commission position
on the main
issues of European Union Collective Redress
framework

The Recommendation


recommends that all Member States have at
national level
collective redress
mechanisms
concerning violations of rights granted under
Union Law



sets out the
common principles
that should be
followed by national collective redress
mechanisms



provides for a
review clause
(2 years for
implementation + 2 years for its evaluation)


Horizontal Approach


consumer protection


competition


environment protection


protection of personal data


financial services legislation


investor protection



any other area
where collective redress would
be relevant


Broad definitions



Injunctive
collective redress

to stop illegal
behaviour



Compensatory

collective redress
in mass harm
situation


where
the breach of rules established at Union
level
is likely to cause or has caused prejudice

to
natural and legal persons

Injunctive collective redress


legal mechanism

that ensures a possibility to claim
cessation

of
illegal behaviour
collectively

by two or more
natural
or
legal

persons or by an
entity

entitled
to bring a representative action

Compensatory collective redress


legal mechanism

that ensures a possibility to claim
compensation

collectively

by two or more
natural

or
legal
persons claiming to have been harmed in a mass
harm situation or by an
entity

entitled to bring a
representative action

‘mass harm situation’


a situation where
two or more natural or legal
persons

claim to have suffered harm causing
damage resulting from
the same illegal activity
of
one or more natural or legal persons

Common Principles


Measures promoting
collective redress






Safeguards against
abusive litigation

Promoting collective redress


Fairness



Adequate
information



C
ross
-
border cases



Effectiveness of the injunctive collective
redress



Consensual
dispute resolution



Registry
of collective redress actions


Safeguards



Limited
standing for representative
action



Admissibility check




Loser pays principle’



G
eneral rule of
o
pt
-
in + opt

out
as
an exception



Conditions
for Funding and lawyer’s fees



No
Punitive damages

Coordination between public and
private enforcement


if the proceedings of the public authority are
launched after the commencement of the collective
redress action, the court should avoid giving a
decision which would conflict with a decision
contemplated by the public authority

Practical application of

common principles


a
key role of courts
in protecting the rights and
interests of all the parties involved in collective
redress actions and in managing the collective
redress actions effectively

Next Steps


Implementation
of the Recommendation by the Member
States



Assessment
by the Commission



4 years' timetable

(
2 for the implementation+2 for the assessment
)



EC invites MSs to discuss the
current state of national
legislative framework

on Collective Redress and
exchange good practices



EC wish to closely
monitor the implementation
of the
Recommendation and intend to
organise an event in the
beginning of 2014

More Information on


http://ec.europa.eu/consumers/redr
ess_cons/collective_redress_en.htm



Thank you