Mass Claims

An international journal with a European focus

2021 nr. 2

Redactie

Hoofdredactie

M. de Monchy

Redactie

Susanne Augenhofer

D. Duncan Fairgrieve

J. Kortmann

T. Schreiber

I. Tzankova

Inleiding

Foreword

Justice Bernard Murphy¹

Procedures for collective redress of civil law wrongs are not new. Representative procedures have been available in numerous countries around the world for a long time, and in some parts of Europe for centuries. But the landscape for representative procedures around the world, and particularly in the last few decades in Europe, is continuously evolving. At its base, that is because in the modern world the size and scope of national economies, and the mass production and distribution of goods and services by corporations including multi-national corporations, ... ...lees meer

Artikel

Class Action and Litigation Funding Reform:

Dr Peter Cashman¹

Lessons from Down Under? As countries in the European Union grapple with the implementation of the Representative Actions Directive the class action regime in Australia is approaching its 30th anniversary. This article examines a number of Australian developments that may be of relevance in the development of representative action procedures in European jurisdictions. Findings from empirical research are outlined along with a number of policy developments and reform initiatives. 1. Introduction Policy developments in relation to class... abonneren of dit artikel .

Bundling of Claims by way of Assignment in Germany

Carsten Krüger and Andreas Weitbrecht¹

1. Dealing with Multiple Claims in Germany 1.1. Multiple Parties In line with other legal systems, civil procedure in Germany starts from the model of one plaintiff litigating a particular claim against one defendant. However, at least since the enactment of the Code of Civil Procedure (Zivilprozessordnung) in the late 19^th century, there have been special provisions to deal with multiple plaintiffs against one or more defendants, provided that the claims bundled in one action and therefore in one proceeding are of the same ... abonneren of dit artikel .

Class Actions in Portugal:

Miguel Sousa Ferro²

The little regime that could[1] The Portuguese class action regime is unique and particularly claimant friendly. It is often overlooked, internationally, that Portugal is one of the few EU jurisdictions with an opt-out class action regime. At the same time, when it comes to reaction to unlawful practices causing mass damage, the regime has hardly ever been used and has almost never been successful. Portugal is, therefore, an important case study to understand the factors that can facilitate or stand in the way of the effective use of a class action regime. This paper ... abonneren of dit artikel .

Quantifying damages in cartel cases:

Gustavo Andres Martin Martin¹

the Spanish Courts' approach to the Trucks cartel Although Spain does not enjoy the tradition of other jurisdictions such as the Netherlands, the United Kingdom and Germany in the field of Competition Law private enforcement, this does not mean that it lacks any kind of experience. The purpose of this contribution is to establish the general framework of the criteria being used by the Spanish courts in cartel cases. For that purpose, I consider the decisions handed down in the well-known "trucks cartel", given that it is the European jurisdiction where most judgments have... abonneren of dit artikel .

Lloyd v Google [2021] UK SC 50:

Laura Elizabeth John and Will Perry¹

a setback in the Supreme Court for collective redress in the UK Those familiar with Competition law in the United Kingdom will be aware that collective proceedings before the Competition Appeal Tribunal are burgeoning. And it might have been hoped that the introduction of that regime would have blazed a trail for collective redress in the United Kingdom. Mr Lloyd, a consumer rights activist and a former Executive Director of Which? a well-known UK consumer rights organisation, certainly hoped so. However, in Lloyd v Google [2021] UKSC 50 his potentially ... abonneren of dit artikel .

RH v AB Volvo: A Call for Centralized and Specialized Courts in the Midst of ...

Paul Hitchings¹

Case Note: C-30/20, ECLI:EU:C:2021:604 On 15 July 2021, the CJEU handed down its first judgment on a string of preliminary questions which have been referred to it by the Spanish commercial courts pursuant to Article 267 TFEU in the context of the so-called "Trucks Litigation". This first referral was made by Madrid Commercial Court nº 2 pursuant to an order of 23 December 2019 and relates to the interpretation of Article 7(2) of the Brussels I bis Regulation in connection with claims for damages arising out of a competition law infringement.[2] The case is interesting, n... abonneren of dit artikel .

Overig

Country Reports¹

Belgium Hakim Boularbah and Maria-Clara Van den Bossche Case law Brussels Court of Appeal's judgment of 14 April 2021, Belgian Consumer Ombudsman Service v. six energy suppliers (2019/AR/1763) Since the entry into force of the class action regime in the Belgian legal order in September 2014, 10 class actions have been instigated. Nine of the 10 actions were brought by Test Achats, the main Belgian consumer protection organization. The other class action – which is discussed here &nda... abonneren of dit artikel .

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