The U.S. Chamber Institute for Legal Reform (ILR) is a not-for-profit public advocacy organisation affiliated with the U.S. Chamber of Commerce, the world’s largest business federation, representing the interests of more than three million businesses of all sizes and sectors, as well as state and local chambers and industry associations. ILR’s mission is to ensure a simple, efficient and fair legal system that promotes economic growth and opportunity.
Many of the U.S. Chamber’s members are companies that conduct substantial business in Europe. ILR is therefore deeply interested in the orderly administration of justice in the EU. ILR has vast experience with the U.S class action system, and other collective redress systems around the world, and is therefore well placed to offer insights on how to manage collective action risks and prevent them from duplicating in the EU.
ILR is pleased to submit these implementation notes for Member States on the Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers1 (Directive). The Directive creates a form of class action, which leaves many of the implementation details up to the Member States’ discretion. This paper aims to show how the Directive should be implemented to achieve its objectives while minimizing the risk of litigation abuse. Member States should consider these recommendations as the minimum necessary for any collective consumer action, whether domestic or cross-border, and whether inspired by the Directive, or in a pre-existing or subsequent regime.