The Reform of Class and Representative Actions in European Legal Systems : A New Framework for Collective Redress in Europe (Hardcover)

1.Introduction 2.Consumer Collective Redress Mechanisms Initial Consumerist Models France Differentiation between Public and Private Models in National Enforcement Model A: Primacy of Public Bodies The UK UK Consumer Protection Law Compensation Orders UK Competition Law The Nordic Model Nordic Compensation Schemes: Medical and Drug Injuries and Road Traffic Accidents The Netherlands Model B: Emphasis on Private Sector Bodies Portugal Spain The CEE Situation Issues with the Involvement of Civil Society Organisations Experimentation and Reform Conclusions 3.Court Rules for Multiple Claims Introduction The English GLO Experience with English Group Actions Ireland Sweden The Netherlands Germany Italy Possible Introduction of Procedures in Other Member States France Poland Conclusions on the Newer Damages Mechanisms Principles: Rights versus Efficiency? Criteria Settlement An Issue of Evolution 4.Collective Redress at European Level: Existing Mechanisms The EU Legislative Background Legal Competence EU Policy on Civil Justice Systems Alternative Dispute Resolution Evolution of Consumer Collective Redress Misleading Advertising Unfair Terms in Consumer Contracts The 'Injunctions Directive' The Consumer Protection Cooperation Regulation The Unfair Commercial Practices Directive Other EU Collective Mechanisms Intellectual Property Enforcement Late Payments ePrivacy Directive Environmental Protection Compensation for Crime Victims Conclusions 5.Technical Issues Similarity or Difference? Opt-in and Opt-out: Binding Solutions, Avoiding Abuse and Delivering Justice Binding Effect and Inclusivity Fundamental Rights Funding and Cost Considerations Discussion Conclusions 6.The Problems that Need to be Avoided Undesirable Consequences The Australian Tort Crisis The England and Wales Product Liability Cases Conclusion: Abuse Could Happen Anywhere Issues for Europe 7.Towards a European Collective Approach to Damages The Developing Debate Consumer Protection Evidence of Need in Consumer Protection: a Compensation or Market Rectification Issue? Competition Damages and Enforcement The 2008 Competition Damages White Paper Evidence of Need: a Competition Deficit? The Challenges at EU Level: Different National Models The Policy Options for Europe Conclusion: Summary of the Issues 8.The Policy Rationales for and Goals of Collective Redress Access to Justice Enhancing the Economy Regulation Through Litigation Deterrence and Behaviour Modification Regulatory and Enforcement Theory Penalties and Sanctions Theory: Restorative Justice Practical Examples Conclusions 9. Evaluating the Options Establishing Criteria 1. The Private Litigation Model 2. A Public Body Approach 3. The Voluntary and ADR Approach 4. The NGO Approach Evaluating the Options-and a Holistic Approach 10.Summarising the Findings and Challenges for Europe Consumer Protection Competition Law Conflicting Models of Influencing Behaviour Policy Objectives Redress and Justice