Collective Redress in the European Union: Reflections from a National Judge

Abstract:

Where stands Collective Redress in the European Union (EU) following the Commission's Communication and Recommendation on common principles for collective redress mechanisms? This article reviews the recent history and current position of collective redress in England and Wales; states the author's view of what should be common principles for any system of collective redress; summarizes current collective redress schemes in Member States; considers the common principles recommended by the Commission; and addresses expressed but unjustified fears of abusive litigation.

It concludes that Communication and Recommendation are generally to be welcomed but lack rigour and clarity as to the fundamental issue of an 'opt-in' or 'opt-out' basis for collective redress; and that real progress will be achieved only if the Recommendation is construed as providing that collective redress mechanisms should generally be 'opt-in' but, vitally, 'opt-out' where and to the extent that justice requires.