Up- and Downsides of the New EU Directive on Representative Actions for the Protection of the Collective Interests of Consumers – Comments on Key Aspects
Journal of European Consumer and Market Law 2021, issue 5
26 Pages Posted: 23 Feb 2022
Date Written: February 28, 2021
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.
Keywords: Consumer Protection, Collective Redress, Representative Actions, Directive, European Union
JEL Classification: K10, K41
Suggested Citation: Suggested Citation