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Representative actions to protect the collective interests of consumers: A new deal for consumers [EU Legislation in Progress][Policy Podcast]

Written by Nikolina Šajn (3rd edition, updated on 20.7.2020),

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On 11 April 2018, the European Commission published a proposal for a new directive on representative actions for the protection of the collective interests of consumers. Currently, consumer organisations or independent public bodies can bring actions in the name of consumers in courts or before administrative authorities to stop infringements of consumer legislation. According to the proposal, they would be able to demand compensation for consumers as well. The co-legislators reached a provisional agreement on the proposal on 22 June 2020, which now needs to be cofnirmed by both institutions. According to the agreement, Member States would decide themselves the criteria for the designation of qualified entities for domestic actions, while the criteria for cross-border actions would be common across the whole of the EU. A loser-pays principle would be introduced, requiring the defeated party to pay the costs of the proceedings for the successful party. The Commission would be required to evaluate, within five years, whether a European ombudsman for collective redress for consumers is necessary.


Proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC
Committee responsible: Legal Affairs (JURI) COM(2018) 184, 11.4.2018.
Rapporteur: Geoffroy Didier (EPP, France) 2018/0089(COD)
Shadow rapporteurs: Lara Wolters (S&D, the Netherlands)
Liesje Schreinemacher (Renew, the Netherlands)
Heidi Hautala (Greens/EFA, Finland)
Gilles Lebreton (ID, France)
Raffaele Stancanelli (ECR, Italy)
Manon Aubry (GUE/NGL, France)
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Next steps expected: Adoption of first reading by Council and second reading in Parliament

Listen to podcast on ‘Representative actions to protect the collective interests of consumers: A new deal for consumers‘.


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