Mass Claims
An international journal with a European focus
2024 nr. 2
Redactie
Hoofdredactie M. de Monchy
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Redactie Susanne Augenhofer D. Duncan Fairgrieve J. Kortmann T. Schreiber I. Tzankova
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Inleiding
Jasminka Kalajdzic1A wave of reforms has swept class action regimes in many parts of the world. By 2019, significant amendments were introduced in the so-called first and second generation class regimes, the United States, Canada, Australia and Israel.[2] These jurisdictions introduced specific provisions to address commercial litigation funding, cy près distributions and overlapping class action lawsuits. In Ontario, an overhaul of its statute in 2020 sought to modernize the class action mechanism, particularly by introducing important protections for class members to improve transparency and... ...lees meer
Artikel
Henner Schläfke, Tobias Lühmann and Julian Taufmann1Capital investor model proceedings under the German Capital Markets Model Case Act are an accepted instrument of collective redress in mass disputes concerning capital investor claims. However, there was consensus that the structure of the proceedings needed to be improved to handle mass proceedings relating to capital markets law more effectively. To this end, in July 2024 the law was revised for the second time since its introduction in 2005, introducing changes not only to key aspects of the design of the proceedings, but also to their material scope of application and for the... abonneren of dit artikel .
Stefaan Voet2Harder, Better, Faster, Stronger?[1] Belgium has had a (consumer) class action regime since 2014. The Law of 21 April 2024 implemented the 2020 Representative Actions Directive. Although the revisions were limited, the new rules have reformed some key parts of the regime: the scope of application was extended, there are new rules on standing, opt-in after a merits decision is now the default, and some procedural rules were streamlined and improved. In this paper an overview is given of the Belgian class action regime with particular attention to the 2024 revisions... abonneren of dit artikel .
Claudia Lea Beckmann and Dominik Hübler1Quantum and class certification in data privacy mass claims after the first ECJ and BGH decisions Data breaches frequently lead to mass claims. With the European Court of Justice (ECJ) finding that there is no "seriousness threshold" for claims and the German Federal Supreme Court (BGH) confirming that pure loss of control can constitute a compensable event, recent court decisions create a claimant-friendly environment. With both courts delegating the task of determining damages to the lower courts, a key issue for data breach claims remains unresolved. This article outli... abonneren of dit artikel .
Yvan Pan1Collective actions function as natural monopolies. An empirical analysis of the Dutch collective action cases demonstrates that funding returns remain consistently high at around 25% regardless of case size or risk profiles, contradicting expected economies of scale. Drawing from American lessons, a competitive auction system offers a viable method for setting efficient funding returns while maintaining investment incentives in European collective actions. After a long but successful collective action in Europe, individual class members seeking to collect their share of settlement... abonneren of dit artikel .
Marit Bosselaar, Irene Bloemen and Peter Sprietsma1Developments on admissibility in class actions Public interest litigation is on the rise, especially in the Netherlands. As a result, Dutch class actions case law is undergoing significant development. The distinction between 'public interest' and 'group' class actions has become increasingly important in Dutch case law, especially for determining the admissibility requirements that apply to the interest organisations instituting such class actions. Moreover, opinions vary in the Netherlands on whether interest organisations claiming to act on behalf of the pu... abonneren of dit artikel .
Overig
France, Germany, Italy, the Netherlands and Portugal
France
Maria-Jose Azar-Baud
Legislation
In 2020, as part of the fact-finding panel of the General Administration, Legislation and Constitutional Law Committee of the French National Assembly, Laurence Vichnievsky and Philippe Gosselin reported that there had been only 20 collective actions under consumer law since their introduction into French law. It was against this backdrop that, in 2022, they prepared legislative proposals that would signifi... abonneren of dit artikel .
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