In recent years, Europe has seen an increase in activities concerning collective redress, which will assuredly reshape the current landscape of dispute resolution. Many jurisdictions have undertaken massive reforms within this area, meaning companies will have to be prepared for the challenges to come and identify risks to their businesses in this regard.
Historically, collective redress has been a slowly evolving area in Europe compared to such activities in the US (i.e. class actions). However, due to enhanced activities by legislators and consumer protection associations, as well as an increased use of third party-litigation funding, businesses are seeing a rapid rise in collective actions being pursued against them.
Due to the growing pressure for ensuring effective and affordable ways of bringing collective actions, especially by consumers, the EU Commission introduced an EU-wide system of representative actions. A further follow-up by the EU Commission on the current trend towards collective actions and mass claims in Europe is to be expected. The non-exhaustive list of affected industries targeted by the EU Commission includes consumer products, media, financial and investment services and travel and tourism. The scope of infringements to be considered under the newly established representative actions regime is wide: product quality and safety, unfair business practices, data privacy and protection, as well as employment and pensions. Furthermore, an increase in collective actions regarding green claims is also expected due to the EU Commission’s plans to strengthen consumer rights in relation to “green washing”.
Collective redress mechanisms, as an EU-wide, but also global phenomenon, will concurrently facilitate the protection of consumer rights through activities by legislators on a European and national level, and bring more challenges and risks for businesses.
Our strong regional litigation practice, together with colleagues from other practice areas with in-depth knowledge of consumer protection, data protection, and sector-specific laws and regulations is ready to take on the challenge with you.
At Wolf Theiss, we have assembled a group of key experts from each of our 13 regional offices in order to advise you on preparing your business for the challenges and risks concerning collective actions and mass claims. Our seasoned professionals have a wealth of experience in defending collective actions and mass claims in industries ranging from consumer goods and data protection to financial services.
Should you have any inquiries or require guidance on how to proactively navigate the implications of collective redress mechanisms, feel free to reach out to us. With our regional litigation prowess and cross-practice collaboration, we are here to provide you with comprehensive support tailored to your specific needs.
What others say about us
The team is detailed, efficient, and creative in addressing our needs. It works seamlessly together and delivers on expectations. Wolf Theiss has great resources and the team is available as soon as needed which is imperative in time sensitive matters.The Legal 500
Highly professional team of litigation lawyers, offering a good knowledge of the local judicial system and highly efficient guidance throughout the entire proceedings.The Legal 500
What makes our team the best lawyers for collective redress and mass claims?
Our regional, integrated firm offers distinct advantages, spanning the full spectrum of legal services. We have considerable experience concerning the representation of clients in collective actions and mass claims proceedings:
- Advising and representing clients in mass claims proceedings concerning wrongful financial advice
- Advising and representing car manufacturers in collective actions and mass claims proceedings
- Advising and representing media companies, technology companies, energy companies and banks in various representative action proceedings initiated by consumer protection associations.
- Advising and representing clients in data-protection litigation; this includes representative actions, ECJ proceedings, mass claims proceedings, and individual lawsuits