Cross-border collective redress in the European Union and private international law rules on jurisdiction

Resumen

The story of cross-border collective redress in the EU is a story of confusion and missed opportunities: on the one hand, collective redress mechanisms are heterogeneous and often lack efficiency. On the other hand, studies show that important obstacles refrain cross-border litigation, such as the costs of proceedings and language differences. Although the European institutions have attempted to regulate collective redress, the persistent lack of political consensus has delayed the enactment of a binding legislative act. In light of the above, the present research project offers a theoretical framework for the analysis of cross-border collective redress actions in the EU. Its goal is to offer an appropriate forum, which facilitates the start of those actions. This thesis is divided into two parts: the first one describes and analyses the structural and procedural aspects of collective redress mechanisms adopted by EU Member States. The second part then deals with jurisdictional questions generated by cross-border collective redress actions. The last Chapter of this work suggests the creation of a specific forum for collective redress through the reform of the European private international law rules on jurisdiction.