The European Commission has come out today with its communication “Towards a European Horizontal Framework for Collective Redress” and its recommendation “on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law”. These horizontal instrumens are complemented by a draft directive regarding “damages under national law for infringements of the competition law provisions of the Member States and of the European Union”.
This of course does not come unexpected. So far, the German legal community in its majority has been rather hostile to class actions. Many commentators believe that collective actions would not only be superfluous, but also detrimental. The EU Commission had discussed the introduction of collective actions already back in 2007, and stopped the project in 2009, in the light of strong resistance from France and Germany, in particular. We will no doubt come back to this…-->