Country reports

 

Belgium

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: H. Boularbah, M.-C. van den Bossche
French-speaking Brussels Enterprise Court's judgment of 7 December 2020, consumer organization Test-Achats v. Ryanair (A/19/02564)   The ninth class action ever brought in Belgium was brought by the Belgian consumer organisation Test-Achats...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: H. Boularbah, M.-C. van den Bossche
Act of 30 March 2018 amending the Code of Economic Law as regards the extension of the scope of the action for collective redress to SMEs  The concept of class action was introduced into Belgian law by the Act of 28 March 2014, providing fo...

Denmark

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: J. Dahl Mikkelsen
The Danish Eastern High Court's judgment of 9 February 2018 (Case No B-407-17)  A group of almost 4,000 investors filed a mass claims action against the board of management of the Danish company, O.W. Bunker A/S as an opt-in mass action und...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: J. Dahl Mikkelsen
Danish Act on Restructuring and Resolution of Certain Financial Enterprises (Law No. 333 of 31 March 2015)  On 17 December 2020, the Danish Parliament adopted an amendment to the Danish Act on Restructuring and Resolution of Certain Financi...

France

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: M.J. Azar-Baud
Group actions Out of the 27 group actions brought in France to date1, the latest ones concern consumer law, data protection and discrimination at work on several grounds towards union representatives. In June 2019, the Cour de cassation2 ha...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: M.J. Azar-Baud
A reform in the field of consumer-related group actions enlarged its scope1 to housing law.2   The legislature also amended the personal data collective action rules3. When the GDPR was previously transposed into French law, associations we...
Miscellaneous
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: M.J. Azar-Baud
Internet legal platforms (Legaltechs) have emerged in the last years1 to respond to the developing mass litigation market. Based on online tools, they propose solutions facilitating alternative online dispute resolution,2 providing legal se...

Germany

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: J. Wirth
With the introduction of the Model Declaratory Action (Muster­fest­stellungsklage) as of November 2018, the German legislator made it possible for the first time to take collective actions in German courts beyond specific statutory cases. H...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: J. Wirth
Draft bill of 2021 of the German Federal  Government Given the increasing number of legal professionals taking advantage of the registration as debt collectors, the Federal Government has published a draft bill1 which seeks to align lawyers...

Hungary

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: M. Boronkay
The Metropolitan Court of Appeal's judgment of 7 October 2020 (Case No Gf.40050 / 2020/36)1  The Metropolitan Court of Appeal (Budapest) rendered its first decision in one of the trucks competition damages actions. The action was brought by...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: M. Boronkay
Act CXIX of 2020 on the Amendment of the Code of Civil Procedure  In 2016, the Hungarian legislator adopted a new Civil Procedure Code (CCP) that entered into force on January 1, 2018. While the CCP aimed to increase efficiency of lawsuits...
Miscellaneous
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: M. Boronkay
The Hungarian Supreme Court (Kúria) set up a task-force for analysing the case-law in respect of the dismissal of statements of claims for formal reasons under the CCP. The task-force published its Summary Opinion on 15 February 2020 (Opini...

Ireland

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: C. Derrig, B. Bollard
Greffrath & Ors v Greymountain Management Ltd (In Liquidation) & Ors [2020] IEHC 284 (12 June 2020)1 The case in the High Court of Ireland involved a claim by 35 individual claimants, all of whom alleged fraud against Greymountain M...
Miscellaneous
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: C. Derrig, B. Bollard
What next for multi-party actions in Ireland? Background In recent years, support has grown in Ireland for the introduction of a comprehensive multi-party action procedure, the need for which has been highlighted by the proliferation of   c...

The Netherlands

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: M.V.E.E. de Monchy, J. Kortmann
In the Netherlands, the statutory collective action regime of Article 3:305a Dutch Civil Code is supplemented by 'bundling' mechanisms that have been developed by the market. The common feature of these mechanisms is that individual claiman...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: M.V.E.E. de Monchy, J. Kortmann
On 1 January 2020, the Dutch Act on Collective damages claims ("WAMCA") entered into force. It applies to claims that are based on events that occurred on or after 15 November 2016. The new Dutch collective action regime makes it possible f...

Portugal

Miscellaneous
Mass Claims · 2021-1
Actualia · 29-06-2022
Author: F. Aguilar de Carvalho
Portugal has witnessed a surge of class actions in the last few months, with consumer associations being particularly active in pursuing follow-on damages claims and product liability claims against domestic and international corporations....

UK

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: J. Fulton, P. McCulloch
England and Wales Review of Representation of Data Subjects, Section 189 Data Protection Act 2018 A recent UK Government Review1 has confirmed there will be no expansion of the powers of organisations to bring GDPR claims on behalf of indiv...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: J. Fulton, P. McCulloch
Scotland   In Scotland, August 2020 saw the introduction of the country's first collective action procedure – Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 – which allows for a nominated representat...

Spain

Case Law
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: C. Gual Grau, P. Hitchings
On 7 July 2020, the Supreme Court handed down a judgment in relation to the scope of consumer association declaratory actions concerning unfair contract terms, in a case relating to interest swaps. The decision resolves a collective claim f...
Legislation
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: P. Hitchings, C. Gual Grau
One of the first measures adopted in Spain to address the COVID-19 crisis was a widespread suspension of time limits and court proceedings, including hearings and trials. The stay ended on 3 June 2020, albeit further regulation was adopted...
Miscellaneous
Mass Claims · 2021-1
Actualia · 29-06-2022
Authors: C. Gual Grau, P. Hitchings
One of the initiatives of note which took shape during lockdown relates to the Trucks litigation (claims for damages for breach of competition law). In an attempt to address the impact of the sheer number of individual proceedings (which is...

Get access to top articles

Get access to highly qualified specialist journals and derivatives.

Login, subscribe or purchase this article to continue reading.

Login