Collective redress in the EU: a rainbow behind the clouds?

Abstract

In early 2018, the tortuous process towards the establishment of a framework for collective redress at the EU level reached new milestones. In January, the European Commission published its long-awaited report assessing the practical implementation of the 2013 Recommendation. As many had predicted, the Recommendation has failed to secure a consistent and coherent framework for collective redress in the EU and national legal landscapes remain highly fragmented. In April, the Commission presented new measures supporting collective redress for consumers in the context of its ‘New deal for consumers’. In particular, a new draft Directive intends to maximise the potential of injunctions orders to facilitate redress in mass harm situations. The question is now whether the proposed instrument is likely to successfully put an end to the collective redress conundrum and to provide an effective tool for resolving mass claims in the EU.