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prof. dr. E. Lutjens, mr. C. Wulf
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...
The Directive on representative actions for the protection of the collective interests of consumers of 25 November 2020 does not address jurisdiction for representative actions. Therefore, the Brussels I bis Regulation continues to apply to...
Procedures for collective redress of civil law wrongs are not new. Representative procedures have been available in numerous countries around the world for a long time, and in some parts of Europe for centuries. But the landscape for rep...
As countries in the European Union grapple with the implementation of the Representative Actions Directive the class action regime in Australia is approaching its 30th anniversary. This article examines a number of Australian developments t...
Bundling of Claims by way of Assignment in Germany
prof. dr. P.T. de Beer, L.M.J. van Doorn MSc
Dealing with Multiple Claims in Germany Multiple Parties In line with other legal systems, civil procedure in Germany starts from the model of one plaintiff litigating a particular claim against one defendant. However, at least since the en...
The Portuguese class action regime is unique and particularly claimant friendly. It is often overlooked, internationally, that Portugal is one of the few EU jurisdictions with an opt-out class action regime. At the same time, when it comes...
Although Spain does not enjoy the tradition of other jurisdictions such as the Netherlands, the United Kingdom and Germany in the field of Competition Law private enforcement, this does not mean that it lacks any kind of experience. The pur...
Those familiar with Competition law in the United Kingdom will be aware that collective proceedings before the Competition Appeal Tribunal are burgeoning. And it might have been hoped that the introduction of that regime would have blazed a...
RH v AB Volvo: A Call for Centralized and Specialized Courts in the Midst of Jurisdictional Dispersion
mr. C. Wulf
On 15 July 2021, the CJEU handed down its first judgment on a string of preliminary questions which have been referred to it by the Spanish commercial courts pursuant to Article 267 TFEU in the context of the so-called "Trucks Litigation"....