“New Deal” for Consumers – Part 1: Representative Actions (Directive)

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A new EU Directive on representative actions for the protection of the collective interests of consumers is to replace the existing Directive on injunctive relief. It is supposed to substantially expand the scope of representative actions in consumer law and thereby to promote the enforcement of consumer law whilst at the same time preventing abusive litigation.


In cep’s view, extending the scope of representative actions strengthens the legal position of consumers and the principle of liability. The Directive is, however, disproportionate and thus unlawful because it fails to provide sufficient safeguards against abusive litigation. It should basically require an opt-in for consumers.