Class Actions In Europe

Author : Alan Uzelac,Stefaan Voet
Publisher : Springer Nature
Page : 400 pages
File Size : 46,8 Mb
Release : 2021-06-23
Category : Law
ISBN : 9783030730369

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Class Actions in Europe by Alan Uzelac,Stefaan Voet Pdf

Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Author : Jürgen G. Backhaus,Alberto Cassone,Giovanni B. Ramello
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 42,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781001240

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The Law and Economics of Class Actions in Europe by Jürgen G. Backhaus,Alberto Cassone,Giovanni B. Ramello Pdf

'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.

Author : Csongor István Nagy
Publisher : Springer Nature
Page : 122 pages
File Size : 45,6 Mb
Release : 2019-08-19
Category : Law
ISBN : 9783030242220

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Collective Actions in Europe by Csongor István Nagy Pdf

This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Author : Arnaud Nuyts,Nikitas E. Hatzimihail
Publisher : Walter de Gruyter
Page : 347 pages
File Size : 50,8 Mb
Release : 2013-12-19
Category : Law
ISBN : 9783866539679

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Cross-Border Class Actions by Arnaud Nuyts,Nikitas E. Hatzimihail Pdf

Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.

Author : Linda A. Willett
Publisher : Unknown
Page : 48 pages
File Size : 49,7 Mb
Release : 2005
Category : Class actions (Civil procedure)
ISBN : STANFORD:36105063831353

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U.S.-style Class Actions in Europe by Linda A. Willett Pdf

Author : Csongor István Nagy
Publisher : Unknown
Page : 130 pages
File Size : 49,7 Mb
Release : 2020-10-08
Category : Law
ISBN : 1013272692

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Collective Actions in Europe by Csongor István Nagy Pdf

This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system. This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Author : Csongor István Nagy
Publisher : Springer
Page : 122 pages
File Size : 46,6 Mb
Release : 2019-08-29
Category : Law
ISBN : 3030242218

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Collective Actions in Europe by Csongor István Nagy Pdf

This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Author : Astrid Stadler,Emmanuel Jeuland,Vincent Smith
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 42,7 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781789906059

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Collective and Mass Litigation in Europe by Astrid Stadler,Emmanuel Jeuland,Vincent Smith Pdf

Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

Author : Philippe Billiet (jurist.),Association for International Arbitration
Publisher : Maklu
Page : 244 pages
File Size : 42,5 Mb
Release : 2013
Category : Law
ISBN : 9789046604908

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Class Arbitration in the European Union by Philippe Billiet (jurist.),Association for International Arbitration Pdf

This is a leading manual for practitioners and gives an update on the interface between class actions and arbitration in every EU Member State that provides access to a form of collective redress. It enhances the use of arbitration in relation to collective redress mechanisms.

Author : Paul G. Karlsgodt
Publisher : Oxford University Press
Page : 854 pages
File Size : 48,6 Mb
Release : 2012-09-13
Category : Law
ISBN : 9780199730247

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World Class Actions by Paul G. Karlsgodt Pdf

Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
Page : 324 pages
File Size : 43,9 Mb
Release : 2008-10-07
Category : Law
ISBN : 9781847314659

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The Reform of Class and Representative Actions in European Legal Systems by Christopher Hodges Pdf

This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin.

Author : Brian T. Fitzpatrick,Randall S. Thomas
Publisher : Unknown
Page : 578 pages
File Size : 42,5 Mb
Release : 2021-02-03
Category : Law
ISBN : 9781108803885

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The Cambridge Handbook of Class Actions by Brian T. Fitzpatrick,Randall S. Thomas Pdf

Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Author : Mark Tuil,Louis Visscher
Publisher : Edward Elgar Publishing
Page : 221 pages
File Size : 52,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849808965

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New Trends in Financing Civil Litigation in Europe by Mark Tuil,Louis Visscher Pdf

This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.

Author : Viktória Harsági,C. H. van Rhee
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2014
Category : Class actions (Civil procedure)
ISBN : 1780682778

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Multi-party Redress Mechanisms in Europe by Viktória Harsági,C. H. van Rhee Pdf

"This volume is the result of the conference 'Public Interest Litigation & Group Litigation: Comparative Perspectives' hosted by the Law Faculty of Paazmaany Paeter Catholic University in Budapest on 7-8 November 2013."--page xvii.

Author : James Langenfeld
Publisher : Emerald Group Publishing
Page : 400 pages
File Size : 47,9 Mb
Release : 2014-03-28
Category : Business & Economics
ISBN : 9781783509522

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The Law and Economics of Class Actions by James Langenfeld Pdf

This book focuses on the changing landscape of class action law and its interaction with the economic analysis of key issues in class actions. Articles examine the elements of class action law from diverse viewpoints, featuring defendant and plaintiff perspectives, concerning domestic and international law, and written by lawyers and economists.