Have member states transposed the EU collective redress rules? 26 April 24 Laurence Nivot & Olha Hruba

Cullen International new benchmark shows that the EU Collective Redress Directive (CRD) has been transposed in ten of the seventeen surveyed member states. Member states should have transposed the directive into national law by 25 December 2022.

The benchmark also shows that:
 

  • In most member states surveyed, consumers should explicitly express their will (opt-in) to be represented in a collective redress action (CRA).
  • Only three of the surveyed countries require a minimum number of consumers concerned for a case to qualify as a CRA.
  • Most member states have detailed the criteria for organisations to be considered as qualified entities and being allowed to bring a domestic CRA.
  • Most countries allow third parties to fund CRAs.
  • About half of the countries surveyed have an electronic database with information on qualified entities, and ongoing and concluded CRAs.
  • There have already been some significant CRAs against digital companies and telecoms providers since July 2023.

For more information and access to our new benchmark on the transposition of the CRD, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our regulatory intelligence services.

   

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