05 Sep 2018

DIGITALEUROPE calls for further harmonisation of collective redress mechanisms in Europe

On 11 April, the European Commission released its New Deal for Consumers package, which includes a proposal for a Directive on representative actions. DIGITALEUROPE welcomes the Commission’s efforts to improve consumers’ access to justice through further harmonisation and unification of EU consumer enforcement law. DIGITALEUROPE recognises the need to equip European consumers with costs effective and easy means of redress and by no means does it aim at challenging the existence of representative actions across Europe.

Unfortunately, DIGITALEUROPE regrets that many of the Commission’s own safeguards set out in its own 2013 Recommendation to Member States have been omitted. These include the capacity and expertise of qualified entities, admissibility standards, and loser pays principle, limitations on contingency fees, the necessity of the “opt-in” principle, and a ban on punitive damages. Our membership believes that the proposed Directive will fail at establishing a coherent and harmonised set of rules for collective redress, further fragmenting the internal market, missing an opportunity to improve legal certainty for consumers and businesses, as well as opening the door to abusive US-style litigation.

For more information, please contact:
Caroline Walczak
Senior Policy Manager for Consumer Affairs
Back to Consumer & accessibility
View the complete Policy Paper
Our resources on Consumer & accessibility
Policy Paper 03 Sep 2019
Joint call on the European Commission to urgently address copyright levies as part of its new mandate
Press Release 22 Jul 2019
An easier consumer journey when buying online: Business presents new tool to improve consumer information
Policy Paper 24 Jun 2019
DIGITALEUROPE calls for EU action on copyright levies
Hit enter to search or ESC to close