Heading Towards an Effective Mechanism for the Protection of Collective Interests of Consumers – Some Comments on the Proposal for a Directive on Representative Actions

• Main Author: Jagna Mucha
• Format: Article
• Language: English
• Published: University of Warsaw 2019-12-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Subjects: collective redress; collective interests of consumers; consumer law; law enforcement; class action; representative actions; directive 2009/22/ec; proposal for adirective on the representative actions; anew deal for consumers; action for an injunction
• Online Access: https://www.yars.wz.uw.edu.pl/yars2019_12_20/205.pdf
• ISSN: 1689-9024; 2545-0115

In April 2018, the European Commission introduced a long awaited Proposal for a Directive on represented actions, which aims to modernize the existing European collective redress system. The aim of this paper is to answer the question whether the solutions put forward in this Proposal will improve the landscape of collective redress in the EU. For this purpose, I analyse the existing model of collective consumer redress in the EU, as set forth by Directive 98/27/EC, Directive 2009/22/EC and Recommendation 2013/396/EU; I also evaluate it from the perspective of its functionality with special consideration of key problematic issues. Against this background, I present the legal provisions put forward in the Proposal for a Directive on representative actions. The comparison of both legal structures makes it possible to give an answer to the question whether the proposed legislation can remedy the existing problems of the collective redress system and, thus, to answer the question whether it will contribute to strengthening the mechanism for the protection of collective consumer interests in the EU.