Collective redress: European Commission is to adopt common, non-binding principles | Practical Law

Collective redress: European Commission is to adopt common, non-binding principles | Practical Law

On 7 June 2013, the European Commission announced that on 11 June 2013 it will adopt general principles of the EU framework for collective redress. These will help citizens and companies to enforce the rights granted to them under EU law where these have been infringed. (free access)

Collective redress: European Commission is to adopt common, non-binding principles

Practical Law UK Legal Update 6-531-6317 (Approx. 3 pages)

Collective redress: European Commission is to adopt common, non-binding principles

by Practical Law EU
Published on 07 Jun 2013 • European Union
On 7 June 2013, the European Commission announced that on 11 June 2013 it will adopt general principles of the EU framework for collective redress. These will help citizens and companies to enforce the rights granted to them under EU law where these have been infringed. (free access)
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The European Commission, on 7 June 2013, announced that on 11 June 2013 it will adopt general principles of the EU framework for collective redress. These will help citizens and companies to enforce the rights granted to them under EU law where these have been infringed.
According to the Commission's 2013 Work Programme, the initiatives will take the form of a Recommendation and a Communication. The aim is to ensure a coherent horizontal approach to collective redress in the EU across the range of areas where rights are granted under EU law without harmonising member states' systems.
On 7 June 2013, the European Commission announced that on 11 June 2013 it will adopt general principles of the EU framework for collective redress. These will help citizens and companies to enforce the rights granted to them under EU law where these have been infringed.
According to the Commission's 2013 Work Programme, the initiatives will take the form of a Recommendation and a Communication. The aim is to ensure a coherent horizontal approach to collective redress in the EU across the range of areas where rights are granted under EU law without harmonising member states' systems.
Background: Collective redress is a broad concept that includes injunctive relief (lawsuits seeking to stop illegal behaviour) and compensatory relief (lawsuits seeking damages for the harm caused). It needs to be clearly distinguished from so-called "class actions" that are common under the US legal system.
The approach taken to collective redress in the member states is divergent. The Commission has worked for several years on developing European standards of collective redress. The Commission adopted a Green Paper, Damages actions for breach of the EC antitrust rules, in 2005 and a White paper, Damages actions for breach of the EC antitrust rules, in 2008, both of which include a chapter on collective redress.
On 4 February 2011, the Commission carried out a public consultation, Towards a Coherent European Approach to Collective Redress, in which around 300 institutions and experts as well as 10,000 citizens expressed their views on the European framework for collective redress (see Legal update, European Commission launches public consultation on collective redress).
On 2 February 2012, the European Parliament adopted a Resolution on the Commission's consultation (see Legal update, Collective redress: European Parliament non-legislative Resolution calls on European Commission to examine thoroughly the appropriate legal basis for any measures in the field of collective redress) in particular calling on the Commission to examine thoroughly the appropriate legal basis for any measures in the field of collective redress.
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