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

Scrutiny details

Subsidiarity deadline: 10/07/2018
Scrutiny Information

Scrutiny date: 06/07/2018

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions

Agricultural Policy and Consumer Protection
Legal Affairs

the Environment, Nature Protection and Reactor Safety

Economic Affairs

Lisbon Treaty procedures
  Political Dialogue

06/07/2018 | Scrutiny results - COM20180184

The Bundesrat welcomes the proposal’s aim to create an efficient instrument to prevent infringements on EU law that harm the collective interests of consumers. It shares the Commission’s assessment that the instrument of representative action may be misused to the detriment of businesses, however, as even an unsuccessful action may have a significantly bad effect on its reputation. The legal consequences of a representative action, as laid down in Articles 6, 10 and 11 of the proposal, are far-reaching and may only be seen as justified if, in turn, the customer is bound by the legal action’s outcome him- or herself as well, or has passively participated through an opt-in. A negative answer by the court on whether there has been an infringement, for example, would not protect the company from further individual action; this would run counter to the principle of “equality of arms”. The duty for companies to inform all consumers concerned on the existence of a court opinion, as previsioned by Article 9, is considered to be too far-reaching by the Bundesrat.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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