A FRAMEWORK FOR COLLECTIVE REDRESS (CLASS ACTIONS) CONCERNING VIOLATIONS OF RIGHTS GRANTED UNDER UNION LAW (2013/396/EU)

Authors

  • Razvan VIORESCU University Associate Professor, PhD., Stefan cel Mare University of Suceava,The Faculty of Law and Administrative Sciences, Romania

DOI:

https://doi.org/10.18662/eljpa/10

Keywords:

collective redress, directive 2013/396/EU, injunctive and compensatory relief, EU consumer and marketing law, Group/ collective litigation

Abstract

The European Commission has been addressing collective redress issues for almost 20 years, initially in particular in the context of consumer protection and competition policy. On the basis of a broader horizontal approach, the Commission adopted a Recommendation on 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law ('the Recommendation') [pp. 60-65]. The Recommendation established principles which should be applicable in relation to violations of rights granted under Union law across all policy fields and in relation to both injunctive and compensatory relief. It follows from the Recommendation that all Member States should have collective redress systems at national level that follow the same basic principles throughout the Union, taking into account the legal traditions of the Member States and safeguarding against potential abuse.

How to cite: Viorescu, R. (2017). A Framework for Collective Redress (Class Actions) Concerning Violations of Rights Granted under Union Law (2013/396/EU). European Journal of Law and Public Administration, 4(2), 13-26. https://doi.org/10.18662/eljpa/10

Author Biography

Razvan VIORESCU, University Associate Professor, PhD., Stefan cel Mare University of Suceava,The Faculty of Law and Administrative Sciences, Romania

University Associate Professor, PhD., Stefan cel Mare” University of  Suceava,The Faculty of Law and Administrative Sciences, Romania

References

Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (2013/396/EU) (OJ L 201 p. 60 of 26.7.2013);

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Towards a European Horizontal Framework for Collective Redress" ( COM/2013/0401 final).

Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004.

Ashton, D., & Henry, D. (2013). Competition Damages Actions in the EU: Law and Practice. Edward Elgar Publishing.

Bosters, T. (2017). Collective Redress and Private International Law in the EU. Springer.

Viorescu, R., Blanc, D., Manson, S..a. (2008). Institutions Europeennes. Miskolc University Press. ISBN 978-963-661-807-0, (La serie: Education Europeenes des Fonctionnaires Publics).

Ioannidou, M. (2015). Consumer Involvement in Private EU Competition Law Enforcement. Oxford University Press

Fletcher, M., Herlin-Karnell, E., Matera, C. (2015). The European Union as an Area of Freedom, Security and Justice. Routledge.

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Published

2017-12-21

How to Cite

VIORESCU, R. (2017). A FRAMEWORK FOR COLLECTIVE REDRESS (CLASS ACTIONS) CONCERNING VIOLATIONS OF RIGHTS GRANTED UNDER UNION LAW (2013/396/EU). European Journal of Law and Public Administration, 4(2), 13-26. https://doi.org/10.18662/eljpa/10

Issue

Section

International Law. European Law. Comparative Law.

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