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MEMBER STATE
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TYPE OF COLLECTIVE REDRESS
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SCOPE OF ACTION AND AVAILABLE REMEDIES
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STANDING TO BRING ACTION
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RELEVANT LEGISLATION
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Austria
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Representative Action
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Scope
Business relations
Competition
Remedies
Injunction
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Scope Business relations Competition Remedies Injunction
Collective interest organizations such as the Austrian Federal
Economic Chamber and the Austrian Association for Consumer
Information
Other "qualified entities" pursuant to the E.U.'s
Injunctions Directive
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Consumer Protection Law of 1979 (ss. 28-30)
Directive 98/27/EC
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Test Case
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Scope
Consumer Protection
Remedies
All remedies including monetary damages and specific
performance
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VKI (Austrian Association for Consumer Information), who is
assigned claims by Consumers
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Section 227 of the Code of Civil Procedure
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Belgium
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Representative Action
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Scope
Fair trade practices, including violations of the Unfair Trade
Practices Act Environmental protection Anti-discrimination
Remedies
Injunction
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Individuals (with a personal and direct interest)
Minister of Economic Affairs, Professional Organizations
Consumer organizations
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Cyprus
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Representative Action
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Scope
Consumer Protection
Remedies
Injunction
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Competition and Consumer Protection Department
Cyprus Ministry of Commerce, Industry and Tourism
Any lawfully incorporated body/organization with a legitimate
interest in the issue
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Directive 98/27/EC
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The Czech Republic
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Representative Action
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Scope
Consumer Protection Unfair Competition
Remedies
Injunction
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Individual consumers, but each plaintiff is considered an
individual subject at each phase
Consumer organizations
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Act No. 634/1992 Coll. On protection of consumers.
Act No. 99/1963 Coll., Civil Procedure Code
Act No. 513/1991 Coll., Commercial Code
Directive 98/27/EC
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Denmark
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Representative Action
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Scope
Consumer Protection
Remedies
Injunction
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Consumer Ombudsman
Any person or organization with sufficient legal interest
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Art. 20 and art. 27 of the Marketing Practices Act
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Group Action
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Scope
Wide scope excluding matrimonial cases and paternity cases
Opt-in Opt-out ONLY where: (1) the claims are so low that they
would not be pursued through individual action; and (2) the opt-in
model is considered to be inappropriate
Remedies
All remedies including monetary damages
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Class representative is appointed, who can be a class member, an
association or organization or a public authority.
Only the Consumer Ombudsman can initiate an opt-out action.
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1 January 2008
Administration of Justice Act (Denmark), Pt 23, Act No. 181
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Estonia
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Representative Action
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Scope
Consumer Protection (pursuant to the E.U.'s Injunctions
Directive)
Remedies
Injunction
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Consumer Protection Board
State Agency of Medicine
Communication Board
Financial Supervision Authority
Ministry of Culture
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Finland
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Representative Action
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Scope
Wide scope excluding competition law, environment law or
legislation regulating equality between men and woman
Remedies
Injunctions
Conditional fines, Corrective advertising
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State or municipal authorities
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The Consumer Protection Act, 1978
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Group Action
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Scope
Consumer protection
Opt-in procedure
Remedies
All remedies including monetary damages
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Consumer Ombudsman only
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The Group Action Act
October 1 2007
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France
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Group Action
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Scope
Consumer protection
Investor protection
"Victims" must be personally identified
Opt-in: each plaintiff must give the Association a mandate to
act on their behalf
Remedies
All remedies including monetary damages and specific
performance
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Approved associations representing consumers or investors
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1992 Article L. 422-1 Consumer Code
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Germany
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Representative Action
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Scope
Consumer protection: fair commercial practices or standard
contract terms
Unfair competition
"Victims" must be personally identified
Remedies
Injunction
Disgorgement of ill-gotten gains, which is given to the Federal
budget (in unfair competition)
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Professionals and consumer organizations
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Directive 98/27/EC, Act on Injunctive Remedies 2002
(Unterlassungsklagengesetz)
German Law Against Unfair Competition, 2004
1 § 3 No. 8 RBerG (German Law Governing Legal Advice)
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Test Case
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Scope
Where a series of investors suffer a similar damage as a result
of misleading statements on securities or bad performance of a
contract resulting from an offer of securities
Remedies
Monetary damages and specific performance may be awarded
Damages are individually awarded based on a "model
proceeding"
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An individual may bring an action for a test case, where at
least 10 individual actions have been filed.
The court adjudicates one individual action. The other
individual lawsuits are suspended until judgment in the test case
is rendered, which is then binding on all plaintiffs enrolled in
the register.
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November 2005
Capital Markets Model Case Act (mass securities litigation)
Five year pilot stage.
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Greece
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
Compensation for moral damages may be awarded for consumers,
collectively
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Consumer associations
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Article 10of Law 2251/1994 regarding consumer protection.
Directive 98/27/EC
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Hungary
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Social organizations representing consumer interests
Public prosecutor
General Inspectorate of Consumer Affairs
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Cease and desist order pursuant to Section 39 of the Hungarian
Consumer Protection Act, Section 209/B of the Hungarian Civil Code
and Section 92 of the Hungarian Competition Act
Directive 98/27/EC
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Ireland
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Director of Consumer Affairs
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Consumer Information Act 1978; Unfair Terms in Contracts
Regulations 1995
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Italy
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Registered consumer associations
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Consumers' Code of 2005 (Codice del Consumo)
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Group Action (not yet in force; pending revisions)
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Scope
Consumer protection
Opt-in
Remedies
Injunction
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Registered consumer associations
Organizations and committees that sufficiently represent the
collective interests at issue
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Legge Finanziaria per il 2008, Articles 445-449.
Article 140bis in the Consumer code.
http://www.businessinsurance.com/cgi-bin/article.pl?article_id=25376
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Latvia
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Consumer rights Protection Centre
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Consumer Rights Protection Law of 2001 (Article 25)
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Lithuania
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Consumer associations
National Consumer Rights Protection Board
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Directive 98/27/EC
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Luxembourg
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Individuals
Any professional group or domestic consumer organization
authorized by the Law of 19 December 2003
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Directive 98/27/EC
Article 6.2 of the Law of 25 august 1983 (legal protection of
consumers.)
Article 25 of the Law of 30 July 2002 (regulating certain trade
practices)
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Malta
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Representative Action
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Scope
Consumer protection
Remedies
Dependent upon the type of complaint and applicable law
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Director of Consumer Affairs. Consumers
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Directive 98/27EC
Chapter 378, Consumer Affairs Act
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Norway
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Representative Action
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Scope
Wide scope
Remedies
Injunction
Rectification of Damages
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Organizations with sufficient connection to the subject matter
in dispute (a "natural representative")
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Action Group
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Scope
Wide scope
Opt-in
Opt-out is available where (1) the claims are of such a small
value that it wouldn't make sense to be pursued individually;
(2) the claims likely do not raise individual issues.
Remedies
All remedies including monetary damages
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An individual who fulfils the conditions for class
membership
An organization, association or public body, provided the action
falls within its purpose and scope
The representative may be an organization, trust or public
body.
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Chapter 35 in the Dispute Act of 2005.
1 January 2008
Civil Procedure Code.
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The Netherlands
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Representative organizations
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Dutch Civil Code 1 July 1994
3:305a/b Civil Code
6:240 Civil Code
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Collective Settlement Approval
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Scope
Wide scope
Opt-out
Remedies
Monetary damages
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Two parties to the settlement can petition the court for
approval of that settlement on an opt-out basis
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1 August 2005
Act on Collective Settlement of Mass Damages (WCAM)
Dutch Code of Civil Procedure (Article 1013-1018 CPP)
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Poland
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Representative Action
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Scope
Consumer protection: abusive contractual terms in consumer
adhesion contracts; and unfair commercial practices
Remedies
Injunction
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Ombudsmen or consumer organizations
An individual may initiate the procedure for an abusive
contractual term.
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Act on the Protection of Competition and Consumers implemented
Directive 98/27/CE
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Portugal
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Individuals
Consumer protection associations
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Decree-Law 446/85 of 25 October
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Group Action
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Scope
Consumer protection
Opt-out
Remedies
All remedies including monetary damages
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Any consumer who is directly injured
Consumer association
Ministerio Publico
The claimant in the popular action is granted standing as the
representative, and acts for all those who do not opt out.
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1995
Law No 83/95 of 31st August, Right of Proceeding, Participation
and Popular Action; and Law No 24/96 of 31st July, Establishing the
Legal System Applicable to Consumer Protection.
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Slovakia
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Representative Action
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Scope
Consumer protection
Remedies
Injunction
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Consumers
Consumer organizations
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Article 26 of Law 634/1992 Coll. Act on Consumers'
Protection;
Code of Civil Procedure
Directive 98/27/EC
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Slovenia
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Representative Action
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Scope
Consumer protection
Environmental protection
Remedies
Injunction
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Individuals
Consumer protection organization
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Articles 75-76 Consumer Protection Act
Article 133 Code of Obligations (1 January 2002)
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Spain
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Representative Action
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Scope
Consumer protection
Environmental protection
Competition Law
Remedies
Injunction
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Intituto Nacional de Consumo (National Consumer
Institute) and their equivalents in the Regions (Comunidades
Autónomas)
Consumers Associations
Public prosecutor
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There is a general collective injunction regulated by the
Ley 1/2000 (LEC) and other collective injunctions
regulated by sectorial rules
Directive 98/27/CE
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Group Action
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Scope
Consumer Protection
Opt-in
Remedies
Compensation for damages
Injunction
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Groups of "victims" or Consumers Associations, where
the victims are easily Determinable
Where victims are not easily determinable, claims can only be
brought by Consumer Associations
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Civil Procedure Act (LEC) of 2000
There are other laws that may recognize standing in particular
situations (eg. Ley 26/1984)
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Sweden
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Representative Action
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Scope
Consumer protection: market law; and unfair contract terms
Remedies
Injunction
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Consumer Ombudsman
Consumer and wage-earners' organizations
Individual competitors (only on grounds of alleged breach of the
Marketing Practices Act)
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Group Action
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Scope
Wide scope
Opt-in
Remedies
All remedies including monetary damages
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Individuals
Association of consumers, environmental organizations, or
non-profit organizations
Designated public authorities
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January 1 2003
Swedish Group Proceedings Act
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United Kingdom (U.K.)
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Representative Action
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Scope
Consumer protection
Fair trading
Environmental protection
Competition law
Remedies
Injunction
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Approved consumer representative bodies, e.g. Office of Fair
Trading ("OFT")
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Directive 98/27/CE
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Group Action/ Test Case
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Scope
Wide scope
Remedies
All remedies including monetary damages
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An individual who has filed an action
On the court's own initiative
By the solicitors who act for any party
A Group Litigation Order ("GLO") is the mechanism that
permits the collective action and is required from the court before
individual actions are grouped.
The order defines the group that is to be included.
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Civil Procedure Rules Part 19 III and practice directions
Injunctions may be obtained under Part 8 of the Enterprise Act
2002
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