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Class action. --- Financiële instellingen. --- Massaschade. --- Nederland.
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In der europaweit geführten Diskussion über Verfahren des kollektiven Rechtsschutzes rücken anstelle der Sammelklagen zunehmend Instrumente der einvernehmlichen Streitbeilegung in den Mittelpunkt. Anstatt auf Anspruchsprüfung und Urteil sind Gruppenvergleichsverfahren ausschließlich auf den Abschluss eines gerichtlichen Vergleichs unter den zahlreichen Parteien ausgerichtet. Matthis Peter untersucht aus vergleichender Perspektive die Funktionsweise und die Wirksamkeit ausgewählter Gruppenvergleichsverfahren in den USA, den Niederlanden und Deutschland. Auf Basis der Länderberichte diskutiert er mit Blick auf einen schweizerischen Gesetzesentwurf einige Kernprobleme dieses relativ neuartigen Verfahrensansatzes.
International law. --- class action --- Sammelklage --- Massenschäden --- Rechtsdurchsetzung --- Justizgewährung --- Zivilverfahrensrecht, Insolvenzrecht --- Bürgerliches Recht
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Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
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At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. Aiming to promote access to justice, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
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The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.
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Class actions (Civil procedure) --- Public interest law --- Recours collectifs (Procédure civile) --- Intérêt général --- Droit --- -Class actions (Civil procedure) --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Citizen suits (Civil procedure) --- Parties to actions --- Recours collectifs (Procédure civile) --- Intérêt général
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Class actions (Civil procedure) --- Consumer protection --- Law and legislation --- -Consumer protection --- -Consumerism --- Protection, Consumer --- Commercial policy --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- -Class actions (Civil procedure) --- -Law and legislation --- Consumerism --- Class actions (Civil procedure) - Colombia. --- Consumer protection - Law and legislation - Colombia.
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This book presents and evaluates the results of an AHRC funded research project designed to generate a quantitative analysis of the extent to which private enforcement of competition law has taken place across twenty-seven EU Member States over a period of 13 years to 1 May 2012 in order to consider the extent to which the rights provided by competition law in the EU are protected and accorded effectiveness. It fills a major gap in our knowledge of the use of private litigation in Europe, especially in relation to consumer redress in competition-related cases, providing valuable empirical evidence to inform policy debate and developments. Based on extensive work by expert rapporteurs from 27 EU Member States, the study comprehensively identifies, for the period 1999–2012, all competition law cases before the domestic courts of the EU where parties were seeking to exercise rights conferred on them either by EU law (Articles 101 and 102 TFEU) or the domestic competition law equivalents. The general hypothesis that underlies the project is that private enforcement practice may at least partly be explained by the existence or availability of particular institutions, mechanisms and cultural factors in relation to the particular legal system, and, accordingly, the book provides an overview of certain aspects of the legal and institutional background to private enforcement across the Member states, focusing on:the availability of a specialist competition law tribunal/court;provision for stand-alone and/or follow-on actions;information revelation mechanisms; andlitigation costs and funding mechanisms.After a comprehensive discussion of EU and national trends in private enforcement, three special chapters provide further insight into such matters as:- incentives derived from procedural rules which may explain the differences in observed competition related litigation activity; recent developments in the application of the certification criteria in relation to ‘class actions’ in the US amid concerns over the transplantation of a potentially abusive class action mechanism from the US for competition law collective actions in Europe; and a critique of the current European approach, suggesting that public enforcement and ADR may be more effective, quicker and cheaper than private enforcement. This study responds to the growing consensus among European competition authorities that private enforcement is a key element of a more competitive European economy, and provides an incomparable source of policy-relevant data. It will be of immeasurable value to academics, practitioners, consumer organizations, businesses, policymakers, and public enforcement agencies
Economic law --- European Union --- Antitrust law --- Class actions (Civil procedure). --- Class actions (Civil procedure) --- Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Etats-Unis --- Belgique --- France --- Allemagne --- Italie --- Pays-Bas --- Espagne --- Royaume-Uni
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This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome additi
Class actions (Civil procedure) --- -347.053094 --- Ma2 --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Massenverfahren. --- Ökonomische Theorie des Rechts. --- Economic aspects --- Europäische Union. --- USA.
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