REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the implementation of the 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)
1. This report is an assessment of the implementation of injunctive and compensatory collective redress mechanisms by Member States, following the Commission’s 2013 Recommendation. Such mechanisms can be a means to claim compensation on behalf of consumers, for example in ‘mass harm’ situations, such as the recent car emissions scandal.
2. The 2013 Recommendation set out principles relating to both injunctive and compensatory relief across all policy fields. In particular, it recommended that all Member States should have a collective redress system at national level that follows the same basic principles throughout the EU, taking into account the legal tradition of each Member State.
3. The 2018 report examines the subsequent application of these principles by each Member State, particularly focusing on any legislative developments since 2013. The report evaluates whether these reforms have led to a more widespread and coherent implementation of the Recommendation’s principles and whether they have achieved the Recommendation’s key aims of facilitating access to justice and preventing abusive litigation.
4. Following the Commission’s ‘REFIT’ (Regulatory Fitness) Review of EU consumer and marketing law, which concluded in 2017, this report also builds upon its evaluation of the Injunctions Directive – a key Union instrument, dated originally from 1998, which requires Member States to enable courts to rule on applications made by consumer enforcement agencies, acting so as to protect the collective interests of consumers, for an order requiring behaviour that infringes consumer protection laws shall cease.