Collective Proceedings

This chapter assesses the mechanisms for collective redress under the European Rules of Civil Procedure. Part XI of the Rules adopts a broad, non-sectoral approach, which is consistent with approaches across many European jurisdictions and was the approach by the European Commission in 2013. It is, however, broadly consistent in approach with that taken by the European Union in 2013 and 2018. This Part is divided into four sections, each of which deals with different mass harm situations. The first concerns collective injunctive relief (Collective Interest Injunctions); the second concerns collective proceedings for the recovery of damages or for declaratory relief (Collective Proceedings); the third provides a mechanism to declare binding a collective settlement entered into by the parties to a pending collective proceeding; and finally, a mechanism to declare a collective settlement entered into outside of collective proceedings binding.