TY - JOUR
T1 - Collective Redress in Europe: Moving Forward or Treading Water?
AU - Fairgrieve, Duncan
AU - Salim, Rhonson
PY - 2022/5/2
Y1 - 2022/5/2
N2 - The 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.
AB - The 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.
KW - EU law
KW - Representative Actions Directive
KW - collective redress
KW - consumer redress
UR - https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/collective-redress-in-europe-moving-forward-or-treading-water/707AE034637D9D36E9BAB792A79FDB29
UR - http://www.scopus.com/inward/record.url?scp=85131668717&partnerID=8YFLogxK
U2 - 10.1017/S0020589322000045
DO - 10.1017/S0020589322000045
M3 - Article
SN - 0020-5893
VL - 71
SP - 465
EP - 479
JO - International and Comparative Law Quarterly
JF - International and Comparative Law Quarterly
IS - 2
ER -