Category

Europe

Category

EU

The possibility of an EU-wide framework for collective redress is approaching with the closing of the European Commission’s call for evidence on the implementation of the Commission’s Recommendation 2013/396/EU (the “Recommendation”) on 15 August 2015. The Commission will now proceed to formulate its report (the “Report”).

The Report is intended to gather together information about practical experience of collective redress systems across the EU, as the Commission is concerned to determine whether current systems are effective in giving consumers access to justice and enable them to recover damages in the context of: consumer protection, competition, environment, personal data, financial services and investor protection. The evidence collected will be used to determine whether legislative steps at EU level are required in order to impose a minimum procedural standard for collective action regimes in the EU.  Although the 2013 Recommendation set out common principles for injunctive and compensatory collective redress mechanisms, it was non-binding.

The UK’s Competition Appeal Tribunal (“CAT”) has refused to certify the £14 billion consumer class claim brought against Mastercard under the English class action regime introduced in October 2015. This is the second collective action filed under that regime and both have failed at this first hurdle in the procedure.  However, this does not necessarily signal that the regime cannot be used for appropriate cases and on behalf of carefully designed classes of claimant. The…

“All animals are equal, but some are more equal than others”. This is probably the most famous sentence from George Orwell’s Animal Farm. Sixty-two  years after its first publication (on 17 August 1945), the Court of Appeal in Amsterdam had to decide whether this also applies to the beneficiaries of a collective settlement under the Act for the Collective Settlement of Mass Claims (Wet collective afwikkeling massaschade or “Wcam” for short). Fortis Group was a Dutch/Belgium…

The Dutch Act on Collective Settlements (Wet collectieve afwikkeling massaschade or “Wcam”) was introduced in 2005 and revised in 2013. It offers the possibility to get a declaration that a settlement is binding on the entire class (as defined in the settlement agreement), much like a U.S. class settlement. Despite its existence for over a decade, there are hardly any precedents on it from the Supreme Court. The reason for that is probably that only…