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Conflict of laws --- Class actions (Civil procedure) --- Class actions --- Recours collectifs (Droit international privé) --- Actions collectives (Procédure civile) --- Conflict of laws - Class actions - European Union countries --- Class actions (Civil procedure) - European Union countries
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"This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model."
Class actions (Civil procedure) --- Citizen suits (Civil procedure) --- Technological innovations. --- Tort and negligence --- Law of civil procedure --- Economic law --- European Union --- Citizen suits (Civil procedure). --- Class actions (Civil procedure). --- Technological innovations --- Class actions (Civil procedure) - European Union countries --- Citizen suits (Civil procedure) - European Union countries
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This book specifically covers issues regarding jurisdiction and the recognition and enforcement of judgments in cross-border mass disputes relating to financial services. Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputes collectively, are growing more important. Due to the global increase in cross-border trade and financial transactions, the number of cross-border mass disputes has increased. In the EU, several prototypes of collective redress mechanism exist that can be used to resolve mass disputes and, aside from the EU’s recommendation on the drafting of laws relating to collective redress, a reevaluation of the Brussels Regulation has also taken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old Brussels Regulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, Brussels I-bis does not contain any provision relating to collective redress. As a result, many questions regarding cross-border mass disputes and the relevant private international law issues remain unanswered and unresolved. This book sets out to describe the most important prototypes by referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courts in the EU and what the various pitfalls are. Moreover, the rules concerning the recognition and enforcement of judgments originating from a collective procedure are listed. As cross-border collective redress mechanisms and the rules of private international law to be used in such a context are still being developed, the goals of private international law and the goals of the referred collective redress mechanisms are analysed to provide an insight into how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involved in and/or professionally interested in the field of private international law and collective redress mechanisms and should prove very useful in providing them with a greater in-depth understanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the Supreme Court, he was an attorney-at-law with NautaDutilh in The Netherlands, where he worked in the Litigation & Arbitration department.
International private law --- European Union --- Private international law. --- Conflict of laws. --- Private International Law, International & Foreign Law, Comparative Law . --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- Private international law --- Law --- Legal polycentricity --- Civil law --- Class actions (Civil procedure) --- Class actions --- Class actions (Civil procedure) - European Union countries --- Conflict of laws - Class actions - European Union countries
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Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Law of civil procedure --- European Union --- Class actions (Civil procedure) --- Exterritoriality --- Conflict of laws --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Civil procedure --- Class actions --- Droit privé (droit européen) --- Vente internationale --- Recours collectifs (droit) --- Droit international privé --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Droit international privé. --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Conflict of laws - Class actions - European Union countries --- Class actions (Civil procedure) - European Union countries
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Peaceful settlement of international disputes --- Class actions (Civil procedure) --- Arbitrage (droit) --- Recours collectifs (droit européen) --- Law of civil procedure --- European Union --- Arbitration and award --- European Union countries --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Commercial law --- Compromise (Law) --- Law and legislation --- Class actions (Civil procedure) - European Union countries --- Arbitration and award - European Union countries --- Portugal --- Espagne --- Suède --- Royaume-Uni --- Belgique --- Pays-Bas --- France --- République tchèque --- Danemark --- Hongrie --- Italie
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Consumer protection --- Class actions (Civil procedure) --- Citizen suits (Civil procedure) --- Small claims courts --- Law and legislation --- 351.82*7 <4> --- -Class actions (Civil procedure) --- -Citizen suits (Civil procedure) --- -347.053094 --- Ma2 --- Citizen lawsuits --- Citizens' actions --- Private attorney general --- Public interest actions --- Public interest litigation --- Actions and defenses --- Popular actions --- Public interest law --- Aggregate litigation (Class actions) --- Class action lawsuits --- Civil procedure --- Complex litigation --- Parties to actions --- Consumerism --- Protection, Consumer --- Commercial policy --- Consumentenrecht--Europa --- -351.82*7 <4> --- 351.82*7 <4> Consumentenrecht--Europa --- -Consumer protection --- 347.053094 --- Small causes courts --- Small-debts courts --- Courts --- Consumer protection - Law and legislation - European Union countries - Congresses --- Class actions (Civil procedure) - European Union countries - Congresses --- Citizen suits (Civil procedure) - European Union countries - Congresses --- Small claims courts - European Union countries - Congresses
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