Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective

(Paperback)

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In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Reviews

Patos work is very clearly organized, thorough, and balanced in its approach. It offers an excellent guide through the intricacies both of collective redress mechanisms, in all their variety, and the private international law principles that govern cross-border collective proceedings. It is bound to remain a standard source for a good long time. -- Joost Blom, Peter A Allard School of Law, University of British Columbia * Canadian Journal of Netherlandic Studies *

Author Bio

Alexia Pato is a Senior Research Fellow at the University of Bonn.