Keywords
collective redress, collective interests of consumers, consumer law, law, enforcement, class action, representative actions, directive 2009/22/EC, Proposal, for a Directive on the representative actions, A New Deal for Consumers, action, for an injunction
Abstract
In April 2018, the European Commission introduced a long awaited Proposal for a Directive on represented actions, which aims to modernize the existing European collective redress system. The aim of this paper is to answer the question whether the solutions put forward in this Proposal will improve the landscape of collective redress in the EU. For this purpose, I analyse the existing model of collective consumer redress in the EU, as set forth by Directive 98/27/EC, Directive 2009/22/ EC and Recommendation 2013/396/EU; I also evaluate it from the perspective of its functionality with special consideration of key problematic issues. Against this background, I present the legal provisions put forward in the Proposal for a Directive on representative actions. The comparison of both legal structures makes it possible to give an answer to the question whether the proposed legislation can remedy the existing problems of the collective redress system and, thus, to answer the question whether it will contribute to strengthening the mechanism for the protection of collective consumer interests in the EU.
Recommended Citation
Mucha, J. (2019). Heading Towards an Effective Mechanism for the Protection of Collective Interests of Consumers – Some Comments on the Proposal for a Directive on Representative Actions. Yearbook of Antitrust and Regulatory Studies, 12(20), 205-230. https://doi.org/10.7172/1689-9024.YARS.2019.12.20.8
First Page
205
Last Page
230
Page Count
25
Received Date
10.06.2019
Accepted Date
04.07.2019
DOI
10.7172/1689-9024.YARS.2019.12.20.8
Publisher
University of Warsaw
Publication Date
2019-12-12
