Recognition and Res Judicata of U.S. Class Action Judgments in European Legal Systems

Abstract

Class actions, which allow individual plaintiffs to represent a group of others in a similar situation in a claim against a same defendant, are still a specificity of US law. Recently, transnational class actions, either against a foreign defendant or including foreign class members, have become popular. The author addresses the possibility of bringing such claims involving parties that are residents of a European country. The United States, traditionally known for the extraterritorial application of their laws and for easily retaining jurisdiction of their courts, are trying to coordinate the legal systems involved by being concerned with the possibility of recognition in a foreign country of class action judgments. Therefore, the original issue needs to be addressed of the recognition and the res judicata effect of these judgments in European countries that do not know similar collective judicial procedures.

Keywords: class actions, private international law, recognition, res judicata, opt-out, punitive damages, jurisdiction

JEL Classification: K13, K33, K41