EU Class Action Policy Guided By Wrong Measure Of Success

Law360 (July 15, 2020, 1:22 PM EDT) -- Many European countries have collective redress mechanisms, with each country having its own system (opt-in/opt-out, one- or two-step procedure, legal costs, restricted/broad scope). In most member states, collective redress is limited to specific sectors, mainly consumer claims. One of the goals of the European Union is to have all member states have such a mechanism in place.

France has decided to implement a collective redress mechanism which focuses on specific sectors and can expand with the types of issues that may be raised against companies. This is how a class action for consumer claims was first created in the country in...

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