ABSTRACT
On November 25, the European Parliament replaced the Injunction Directive and adopted the Directive on representative actions for the protection of the collective interests of consumers. The Directive does not envisage an overall framework for collective consumer redress but only regulates certain procedural aspects. Moreover, the Directive does not replace but aims at being integrated with national systems. While the Directive primarily aims at ensuring a higher level of consumer protection and consumers’ access to justice, lobbying influence is visible as the prevention of abusive litigation lies behind many of the provisions. This article wants to draw attention to certain essential changes in key areas of the new Directive, particularly in comparison with its proposal: 1) Legal basis, 2) Scope, 3) Locus Standi of Qualified Entities, 4) Injunction and Redress, 5) Consumer Involvement, 6) Coordination of procedures and effects of final decisions and 7) Funding and costs.
Hornkohl, Lena, Up- and Downsides of the New EU Directive on Representative Actions for the Protection of the Collective Interests of Consumers – Comments on Key Aspects (February 28, 2021). Journal of European Consumer and Market Law 2021, issue 5.
First posted 2022-03-04 09:00:04
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