Report on the implementation of the Commission Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law

Background and further information:

The Commission has been addressing collective redress issues for almost 20 years, initially in particular in the context of consumer protection and competition policy. On the basis of a broader horizontal approach, the Commission adopted a Recommendation on 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law. The Recommendation established principles which should be applicable in relation to violations of rights granted under Union law across all policy fields and in relation to both injunctive and compensatory relief.

It follows from the Recommendation that all Member States should have collective redress systems at national level that follow the same basic principles throughout the Union, taking into account the legal traditions of the Member States and safeguarding against potential abuse. At the same time, in view of the risks associated with collective litigation, the principles set out by the Recommendation also aim to strike an appropriate balance between the goal of ensuring sufficient access to justice and also the need of preventing abuses through appropriate safeguards.

The Commission committed to producing an assessment of the practical implementation of the Recommendation four years after its publication. This report carries out that assessment and focusses on the developments in the legislation of Member States since the adoption of the Recommendation. Furthermore, it scrutinises whether these developments have led to a more widespread and coherent application of the individual principles set out in the Recommendation. In doing so, the report also examines the practical experience gathered with the rules on collective redress available at the national level, or in the absence of such rules, how effectively situations of mass harm are addressed.