Comparative Legal Study on Procedural Rules and their Impact on Collective Redress Actions in Europe

The Representative Actions Directive requires EU countries to allow qualified organisations to bring collective actions for consumer redress. However, it leaves many important details up to each country, leading to inconsistencies and challenges in areas like compensation for immaterial damage, evidence disclosure, and case financing. This study commissioned by BEUC focuses on how Belgium, Germany, Italy, and Poland have applied the Directive, identifying obstacles and sharing examples of best practices to improve collective redress mechanisms.

The study highlights the need for better methods to quantify immaterial damage, improve evidence sharing, and reduce the burden of proof in collective actions. It also suggests increasing the use of third-party litigation funding to help cover the costs of these cases. Furthermore, the creation of consumer redress funds at the national or EU level could help bridge funding gaps, ensuring that more consumers can pursue justice in collective redress actions.