Collective Redress And Private International Law In The Eu

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Collective Redress and Private International Law in the EU

Thijs Bosters
Collective Redress and Private International Law in the EU Book PDF

Author : Thijs Bosters
Publisher : Springer
Page : 268 pages
File Size : 44,6 Mb
Release : 2017-07-06
Category : Law
ISBN : 9789462651869

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Collective Redress and Private International Law in the EU by Thijs Bosters Pdf

This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.

Jurisdiction and Cross-border Collective Redress

Alexia Pato
Jurisdiction and Cross border Collective Redress Book PDF

Author : Alexia Pato
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2019
Category : Electronic
ISBN : 1509930329

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Jurisdiction and Cross-border Collective Redress by Alexia Pato Pdf

"In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general."--Bloomsbury Publishing.

Cross-Border Class Actions

Arnaud Nuyts,Nikitas E. Hatzimihail
Cross Border Class Actions Book PDF

Author : Arnaud Nuyts,Nikitas E. Hatzimihail
Publisher : Walter de Gruyter
Page : 352 pages
File Size : 52,6 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.

Extraterritoriality and Collective Redress

Duncan Fairgrieve,Eva Lein
Extraterritoriality and Collective Redress Book PDF

Author : Duncan Fairgrieve,Eva Lein
Publisher : OUP Oxford
Page : 491 pages
File Size : 52,5 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780191636622

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Extraterritoriality and Collective Redress by Duncan Fairgrieve,Eva Lein Pdf

An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.

Jurisdiction and Cross-Border Collective Redress

Alexia Pato
Jurisdiction and Cross Border Collective Redress Book PDF

Author : Alexia Pato
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 43,7 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781509930319

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Jurisdiction and Cross-Border Collective Redress by Alexia Pato Pdf

In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Collective Actions in Europe

Csongor István Nagy
Collective Actions in Europe Book PDF

Author : Csongor István Nagy
Publisher : Springer Nature
Page : 122 pages
File Size : 40,8 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.

EU Private Law and the CISG

Zvonimir Slakoper,Ivan Tot
EU Private Law and the CISG Book PDF

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 266 pages
File Size : 40,9 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000431407

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EU Private Law and the CISG by Zvonimir Slakoper,Ivan Tot Pdf

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Collective and Mass Litigation in Europe

Astrid Stadler,Emmanuel Jeuland,Vincent Smith
Collective and Mass Litigation in Europe Book PDF

Author : Astrid Stadler,Emmanuel Jeuland,Vincent Smith
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 43,7 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.

EU Private International Law

Peter Stone
EU Private International Law Book PDF

Author : Peter Stone
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2010
Category : Conflict of laws
ISBN : 0857932497

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EU Private International Law by Peter Stone Pdf

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

General Principles of European Private International Law

Stefan Leible
General Principles of European Private International Law Book PDF

Author : Stefan Leible
Publisher : Kluwer Law International
Page : 0 pages
File Size : 42,7 Mb
Release : 2016
Category : Conflict of laws
ISBN : 904115955X

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General Principles of European Private International Law by Stefan Leible Pdf

Because of the rapid increase in the number of legal instruments of the European Union on conflict of laws, European private international law is in danger of becoming incoherent. Here, 20 scholars address whether a set of overarching rules is required and whether an EU regulation is the adequate legal instrument for such a purpose.

Research Handbook on EU Private International Law

Peter Stone,Youseph Farah
Research Handbook on EU Private International Law Book PDF

Author : Peter Stone,Youseph Farah
Publisher : Unknown
Page : 424 pages
File Size : 46,9 Mb
Release : 2017-05-26
Category : Electronic
ISBN : 1788111222

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Research Handbook on EU Private International Law by Peter Stone,Youseph Farah Pdf

The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.

Civil Litigation in a Globalising World

X.E. Kramer,C.H. van Rhee
Civil Litigation in a Globalising World Book PDF

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 51,9 Mb
Release : 2012-02-02
Category : Law
ISBN : 9789067048163

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Class Actions in Europe

Alan Uzelac,Stefaan Voet
Class Actions in Europe Book PDF

Author : Alan Uzelac,Stefaan Voet
Publisher : Springer Nature
Page : 400 pages
File Size : 49,7 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.

Multi-party Redress Mechanisms in Europe

Viktória Harsági,C. H. van Rhee
Multi party Redress Mechanisms in Europe Book PDF

Author : Viktória Harsági,C. H. van Rhee
Publisher : Unknown
Page : 0 pages
File Size : 48,8 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.

Diversity of Enforcement Titles in the EU

Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Diversity of Enforcement Titles in the EU Book PDF

Author : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Springer Nature
Page : 401 pages
File Size : 54,8 Mb
Release : 2023-12-30
Category : Law
ISBN : 9783031471087

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Diversity of Enforcement Titles in the EU by Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc Pdf

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.