Reform of Class and Representative Actions in European Legal Systems

Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford University.

• 1.Introduction 2.Consumer Collective Redress Mechanisms Initial Consumerist Models France Differentiation between Public and Private Models in National Enforcement Model A: Primacy of Public Bodies The UK UK Consumer Protection Law Compensation Orders UK Competition Law The Nordic Model Nordic Compensation Schemes: Medical and Drug Injuries and Road Traffic Accidents The Netherlands Model B: Emphasis on Private Sector Bodies Portugal Spain The CEE Situation Issues with the Involvement of Civil Society Organisations Experimentation and Reform Conclusions 3.Court Rules for Multiple Claims Introduction The English GLO Experience with English Group Actions Ireland Sweden The Netherlands Germany Italy Possible Introduction of Procedures in Other Member States France Poland Conclusions on the Newer Damages Mechanisms Principles: Rights versus Efficiency? Criteria Settlement An Issue of Evolution 4.Collective Redress at European Level: Existing Mechanisms The EU Legislative Background Legal Competence EU Policy on Civil Justice Systems Alternative Dispute Resolution Evolution of Consumer Collective Redress Misleading Advertising Unfair Terms in Consumer Contracts The 'Injunctions Directive' The Consumer Protection Cooperation Regulation The Unfair Commercial Practices Directive Other EU Collective Mechanisms Intellectual Property Enforcement Late Payments ePrivacy Directive Environmental Protection Compensation for Crime Victims Conclusions 5.Technical Issues Similarity or Difference? Opt-in and Opt-out: Binding Solutions, Avoiding Abuse and Delivering Justice Binding Effect and Inclusivity Fundamental Rights Funding and Cost Considerations Discussion Conclusions 6.The Problems that Need to be Avoided Undesirable Consequences The Australian Tort Crisis The England and Wales Product Liability Cases Conclusion: Abuse Could Happen Anywhere Issues for Europe 7.Towards a European Collective Approach to Damages The Developing Debate Consumer Protection Evidence of Need in Consumer Protection: a Compensation or Market Rectification Issue? Competition Damages and Enforcement The 2008 Competition Damages White Paper Evidence of Need: a Competition Deficit? The Challenges at EU Level: Different National Models The Policy Options for Europe Conclusion: Summary of the Issues 8.The Policy Rationales for and Goals of Collective Redress Access to Justice Enhancing the Economy Regulation Through Litigation Deterrence and Behaviour Modification Regulatory and Enforcement Theory Penalties and Sanctions Theory: Restorative Justice Practical Examples Conclusions 9. Evaluating the Options Establishing Criteria 1. The Private Litigation Model 2. A Public Body Approach 3. The Voluntary and ADR Approach 4. The NGO Approach Evaluating the Options-and a Holistic Approach 10.Summarising the Findings and Challenges for Europe Consumer Protection Competition Law Conflicting Models of Influencing Behaviour Policy Objectives Redress and Justice

...this is a great book, carefully researched and well written. It deserves to be read from all those interested and working in the field of collective redress, politicians, lawyers and academics, from the first till the last page. [Christopher Hodges] provides for new insights and the rich material on which the proposal is based, comprehensive empirical evidence and intensive reference of the European and US scholarly work, invites all those who have a clear cut answer to the burning issue of 'private collective litigation' in mind to reconsider his or her position. The most inspiring and thought provoking book invites to push the debate even further and to raise questions that need to be investigated. Hans-Wolfgang Micklitz Common Market Law Review Volume 46 Issue 1 The books wide analysis goes beyond the narrow limits as to whether opt-in or opt out is the right approach in mass civil actions...the author goes beyond analysing symptoms of the problem to the deeper analysis of what the best approach to achieving justice should be...To fail to protect collective victims is not an option. The need is for practical solutions working together: this book is an significant start to that debate. John Peysner Civil Justice Quarterly Vol 28, Issue 2 ...the material tracing the development of remedies across Europe is comprehensive and very useful for comparative purposes...The value of this book is that it sets out to test the utility rather than the structure of available solutions and accordingly makes a valuable contribution to the debate set in motion..by the Commission. Mark Mildred Modern Law Review 2009 All in all, this information-packed and stimulating work from an acknowledged expert in the field constitutes a major contribution to current debates Ken Oliphant Yearbook of European Tort Law 2009 With his factual approach, Christopher Hodges goes beyond an over-idealized debate on collective redress mechanisms. This book is essential reading for anyone dealing with this issue, and wishing to get a deeper insight into the topic. Professor Dietmar Baetge Zeitschrift Fur Europaisches Privatrecht March 2010