Multi-Party Redress Mechanisms in Europe: Squeaking Mice?

The story of collective redress in the European Union up to the present day may be qualified as a story of missed opportunities and small steps forward. The editors of the present volume hope that the future of collective redress in Europe will be brighter than the past. They hope that the volume will further the discussion on collective redress in Europe by providing the most up-to-date information in the field, and that this will lead to the implementation of effective collective redress mechanisms in the various EU Member States
Editor(s):
Viktoria Harsagi, C.H. van Rhee
Reeks:
Ius Commune Europaeum
Volume:
133
boek | verschenen | 1e editie
november 2014 | xxxvi + 298 blz.

Paperback
€ 59,50 € 70,-


ISBN 9781780682778


Als u intekent op de reeks, wordt elke nieuwe titel uit de reeks u automatisch toegestuurd. U mag een reeks vrijblijvend schriftelijk opzeggen na ontvangst van min. 2 opeenvolgende uitgaven.

Inhoud

The story of collective redress in the European Union up to the present day may be qualified as a story of missed opportunities and small steps forward. This is due to an overly cautious approach to the topic at the European and national levels, a fear of American-style class actions and lobbying against the introduction of such mechanisms by those who might become subject to them as defendant parties. As a result, many of the collective redress mechanisms introduced so far in the various EU Member States may rightly be qualified as ‘Squeaking Mice’. This appears not only from the contributions to the present volume, but also from the considerable number of studies that have been published on collective redress mechanisms in Europe during the last few years.

The editors of the present volume hope that the future of collective redress in Europe will be brighter than the past. They hope that the volume will further the discussion on collective redress in Europe by providing the most up-to-date information in the field, and that this will lead to the implementation of effective collective redress mechanisms in the various EU Member States, mechanisms that cannot be qualified as stillborn, as is the case with many of the reforms that until now have been introduced in most European Union Member States.

Hoofdstukken

Table of Contents (p. 0)

PART I: EU & USA

EUROPEAN PERSPECTIVES ON COLLECTIVE LITIGATION (p. 1)

ACCESS TO JUSTICE IN ENVIRONMENTAL PROTECTION CASES (p. 15)

THE BIG BAD WOLF: AMERICAN CLASS ACTIONS (p. 35)

WHY NO CLASS ACTIONS IN EUROPE? A VIEW FROM THE SIDE OF DYSFUNCTIONAL JUSTICE SYSTEMS (p. 53)

BEYOND OPT-IN AND OPT-OUT: THE LAW AND ECONOMICS OF GROUP LITIGATION (p. 75)

PART II: NATIONAL PERSPECTIVES

BELGIUM’S NEW CONSUMER CLASS ACTION (p. 93)

MULTI-PARTY LITIGATION IN ENGLAND (p. 111)

COLLECTIVE LITIGATION IN FRANCE: FROM DISTRUST TO CAUTIOUS ADMISSION (p. 127)

The German Experience with Group Actions – The Verbandsklage and the Capital Markets Model Case Act (KaPMuG) (p. 153)

THE NEED FOR FURTHER DEVELOPMENT OF COLLECTIVE REDRESS IN HUNGARY (p. 171)

PRIVATE ENFORCEMENT IN HUNGARY WITH A VIEW ON CLASS ACTIONS (p. 187)

CLASS ACTIONS IN ITALY: GREAT EXPECTATIONS, BIG DISAPPOINTMENT (p. 197)

COLLECTIVE REDRESS IN THE NETHERLANDS (p. 209)

POLISH PERSPECTIVES AND PROVISIONS ON GROUP PROCEEDINGS (p. 225)

GROUP ACTIONS IN SWEDEN –AMODERATE START (p. 243)

Over de reeks

Ius Commune Europaeum

Subscribe to the series and receive a 15% discount on each volume.

The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


Meer over deze reeks