Collective Redress: Representative and Class Actions (Recommendation)

Collective actions allow legitimate claims to be brought more easily. The Commission is trying to achieve a balance between protecting the interests of potential claimants and the need for both companies and society as a whole to prevent abusive litigation. However, the option for Member States to use the opt-out principle for reasons of “sound administration of justice” gives rise to legal uncertainty. The recommended binding effect upon the courts of decisions by authorities results in a curtailment of the legal process if affected parties can’t take action against the decisions of authorities.