ACELG Recent Developments: Towards a coherent European approach to collective redress
Dr. Kati Cseres
Dr. Kati Cseres
The European Commission has been working for several years to develop European standards for compensatory collective redress in the field of consumer and competition law. The Commission adopted a Green Paper on anti-trust damages actions in 2005 and a White Paper in 2008. In 2008, the Commission also published a Green Paper on consumer collective redress. Most consumer organizations advocated the idea of an EU-wide judicial compensatory collective redress scheme, whereas many representatives of industry fear the risks of abusive litigation. However, stakeholders have also warned against an inconsistency between the different Commission initiatives on collective redress, which according to the Commission, pleads for more coherence. Therefore, the Commission has now launched a horizontal public consultation in order to identify common legal principles on collective redress and to examine how such common principles could fit into the EU legal system and into the legal orders of the 27 EU Member States. The consultation also explores in which fields different forms of collective redress (injunctive and /or compensatory) could have an added value for improving the enforcement of EU legislation or for better protecting the rights of victims. The resulting set of principles should guide any possible initiative for collective redress in EU legislation.
Besides the question raised by the Commission in the consultation document, the introductory comments will discuss three further points:
- The ratio and the competence of the EU to regulate collective actions
- Switching from vertical sector specific regulation of collective actions to horizontal framework approach
- Consumer/citizen rights perspective: a step backward or forward
Dr. Kati Cseres is a lecturer of European Law at the Law Faculty of the University of Amsterdam and a research fellow, both with ACELG and in the interdisciplinary Amsterdam Center for Law & Economics, ACLE, being the joint venture between the Legal and Economics Faculties of the UvA. Her main fields of interest are competition law, consumer protection, comparative law and economics and institutional economics.
Venue and registration
Venue: University of Amsterdam, Faculty of Law, room E 1.07
Time and Date: Tuesday, 12 April 2011, 13.15 - 14.15.
For organizational reasons, please sign up for the meeting by sending an email to firstname.lastname@example.org.
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