10

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Representative actions to protect the collective interests of consumers: A new deal for consumers

20-07-2020

On 11 April 2018, the European Commission published a proposal for a new directive on representative actions for the protection of the collective interests of consumers. Currently, consumer organisations or independent public bodies can bring actions in the name of consumers in courts or before administrative authorities to stop infringements of consumer legislation. According to the proposal, they would be able to demand compensation for consumers as well. The co-legislators reached a provisional ...

On 11 April 2018, the European Commission published a proposal for a new directive on representative actions for the protection of the collective interests of consumers. Currently, consumer organisations or independent public bodies can bring actions in the name of consumers in courts or before administrative authorities to stop infringements of consumer legislation. According to the proposal, they would be able to demand compensation for consumers as well. The co-legislators reached a provisional agreement on the proposal on 22 June 2020, which now needs to be confirmed by both institutions. According to the agreement, Member States would decide themselves the criteria for the designation of qualified entities for domestic actions, while the criteria for cross-border actions would be common across the whole of the EU. A loser-pays principle would be introduced, requiring the defeated party to pay the costs of the proceedings for the successful party. The Commission would be required to evaluate, within five years, whether a European ombudsman for collective redress for consumers is necessary. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Modernisation of EU consumer protection rules: A new deal for consumers

15-01-2020

On 11 April 2018, the European Commission adopted a proposal for a directive on better enforcement and modernisation of EU consumer protection rules, as part of its 'new deal for consumers' package of measures. The proposal followed a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive that showed that EU consumer legislation could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. Following negotiations ...

On 11 April 2018, the European Commission adopted a proposal for a directive on better enforcement and modernisation of EU consumer protection rules, as part of its 'new deal for consumers' package of measures. The proposal followed a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive that showed that EU consumer legislation could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. Following negotiations between the European Parliament and the Council of the EU, the agreed text was adopted by the European Parliament in April 2019, and the final act was signed on 27 November 2019. The new directive leaves the consumer’s right of withdrawal intact. It will ban several unfair commercial practices, such as false online reviews, and require Member States to set the maximum penalty for widespread infringement to at least 4 % of the trader’s annual turnover. Dual quality of food will not be banned altogether, but could be considered to be misleading depending on the circumstances. Online marketplaces will be required to inform consumers about the parameters of their search results. Fourth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Plenary round-up – Strasbourg, March II 2019

29-03-2019

Highlights of the March II plenary session included debates on the conclusions of the 21-22 March 2019 European Council meeting and on recent developments on the Dieselgate scandal. Parliament also debated the situation in Algeria and the illegal occupation of Crimea by the Russian Federation. Important debates also took place on various legislative proposals, including on interoperability between EU information systems. Members voted on a number of legislative proposals (see below), such as discontinuing ...

Highlights of the March II plenary session included debates on the conclusions of the 21-22 March 2019 European Council meeting and on recent developments on the Dieselgate scandal. Parliament also debated the situation in Algeria and the illegal occupation of Crimea by the Russian Federation. Important debates also took place on various legislative proposals, including on interoperability between EU information systems. Members voted on a number of legislative proposals (see below), such as discontinuing seasonal changes of time. Parliament also voted on the report on the TAX3 committee’s findings and on 53 reports on the 2017 discharge procedure. Finally, Parliament adopted first-reading positions on nine further proposed funding programmes for the 2021-2027 period.

Acciones de representación para la protección de los intereses colectivos de los consumidores

20-03-2019

En el marco de los esfuerzos encaminados a mejorar el cumplimiento de las normas relativas a la protección de los consumidores, la Comisión Europea ha propuesto una Directiva relativa a las acciones de representación para la protección de los intereses colectivos de los consumidores. La propuesta, presentada como parte del «Nuevo marco para los consumidores», tiene por objeto permitir a los consumidores de toda la Unión emplear las acciones de representación para exigir una indemnización de las empresas ...

En el marco de los esfuerzos encaminados a mejorar el cumplimiento de las normas relativas a la protección de los consumidores, la Comisión Europea ha propuesto una Directiva relativa a las acciones de representación para la protección de los intereses colectivos de los consumidores. La propuesta, presentada como parte del «Nuevo marco para los consumidores», tiene por objeto permitir a los consumidores de toda la Unión emplear las acciones de representación para exigir una indemnización de las empresas que vulneren sus derechos. Se prevé que el Parlamento Europeo vote su posición en primera lectura durante el periodo parcial de sesiones de marzo II.

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Autor externo

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

EU consumer protection rules

10-07-2018

The IA is aimed at underpinning new legislation in the field of consumer protection, as called for in various European Parliament resolutions. It represents a considerable body of work, based on extensive evaluation and consultation. Methodological weaknesses include the narrow range of options to calibrate the evaluation findings. Secondly, there are some presentation issues, which do not facilitate consideration of the Commission’s choices. For instance, the large space devoted to consultation ...

The IA is aimed at underpinning new legislation in the field of consumer protection, as called for in various European Parliament resolutions. It represents a considerable body of work, based on extensive evaluation and consultation. Methodological weaknesses include the narrow range of options to calibrate the evaluation findings. Secondly, there are some presentation issues, which do not facilitate consideration of the Commission’s choices. For instance, the large space devoted to consultation comes at the expense of useful and more sound information.

Collective Redress in Antitrust

12-06-2012

Consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. Collective redress is a mechanism that may accomplish the termination or prevention of unlawful business practices which affect a multitude of claimants or the compensation for the harm caused by such illegal practices. This study analyses the systems of collective redress for ...

Consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. Collective redress is a mechanism that may accomplish the termination or prevention of unlawful business practices which affect a multitude of claimants or the compensation for the harm caused by such illegal practices. This study analyses the systems of collective redress for breach of competition law in the area of antitrust in the EU. Starting with an overview of the relevant national and EU legislation in this area, it discusses the question of an EU-wide specific system for collective redress in antitrust and the legal basis for a legislative initiative at EU level. Finally, it assesses advantages and limits of different policy options in relation to several procedural rules both generally applying to collective actions and specifically relevant to collective redress in antitrust.

Autor externo

Paolo BUCCIROSSI (Lear), Michele CARPAGNANO (University of Trento), Lorenzo CIARI (Lear), Massimo TOGNONI (Lear) and Cristiana VITALE (Lear) with contributions by : Luca AGUZZONI, Marco BELLIA, Gaia BELLOMO and Riccardo ZECCHINELLI

Victims of environmental crime

24-02-2012

There is an international trend to accompany administrative and civil liability for environmental violations with criminal sanctions. This gradual criminalisation of environmental law highlights the need to take a closer look at those who suffer from environmental crime.

There is an international trend to accompany administrative and civil liability for environmental violations with criminal sanctions. This gradual criminalisation of environmental law highlights the need to take a closer look at those who suffer from environmental crime.

Cross-Border Alternative Dispute Resolution in the European Union

15-06-2011

The study identifies barriers to the use of ADR schemes by consumers in the EU, especially in cross-border cases. It assesses other legislation relevant for consumer redress: the European Small Claims Procedure, the Injunctions Directive and the Mediation Directive. Finally, it examines ways to improve the effectiveness of cross-border ADR and the usefulness of a European legal instrument.

The study identifies barriers to the use of ADR schemes by consumers in the EU, especially in cross-border cases. It assesses other legislation relevant for consumer redress: the European Small Claims Procedure, the Injunctions Directive and the Mediation Directive. Finally, it examines ways to improve the effectiveness of cross-border ADR and the usefulness of a European legal instrument.

Autor externo

Civic Consulting (Berlin) : Frank Alleweldt (Project director), Senda Kara (Scientific director), Neva Nahtigal (Coordination, ADR analysis), Tom Van Dyck (Legal analysis), Justine Verbeke (Legal analysis), Evelyne Terryn (Second reader legal analysis), Roman Brock (Contributor, German law) and Paulina Komorowska (Contributor, Polish law)

Collective redress in the EU

31-05-2011

The EU has been discussing improving enforcement of EU law and the means of properly compensating victims for over 20 years. Throughout these discussions, collective redress, already in existence in a number of Member States (MS), has been suggested as a possible solution. However, despite numerous studies and public consultations, as well as Green and White Papers, the Commission is yet to produce a concrete proposal.

The EU has been discussing improving enforcement of EU law and the means of properly compensating victims for over 20 years. Throughout these discussions, collective redress, already in existence in a number of Member States (MS), has been suggested as a possible solution. However, despite numerous studies and public consultations, as well as Green and White Papers, the Commission is yet to produce a concrete proposal.

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