Panel 2: Collective Redress

Panel 2: Collective Redress

🎙 Max Planck Institute Luxembourg for Procedural Law 👥 1K 📅 November 13, 2018 ⏱ 103 min 👁 939 📄 debate 🧭 2026-08-18
Available in: English (current) Français

Keywords

collective redresscross-borderjurisdictionEU lawconsumer rights

Summary

The panel discussion, chaired by Advocate General Michal Bobek, focuses on collective redress in the European Union, particularly cross-border aspects. The main speaker, Cinzia Peraro from the University of Verona, presents her paper on horizontal versus sectoral approaches to collective redress. She analyzes the jurisdictional regime under the Brussels I Regulation, questioning its adequacy for collective actions. The discussion covers the definition and context of collective redress, the Commission’s initiatives, and the two approaches: horizontal (common principles) and sectoral (specific directives). Peraro highlights the limitations of the 2013 Recommendation and the 2018 proposal on representative actions. She examines case law on assignment of claims and the GDPR’s Article 80, and raises questions about extending existing private international law rules to collective redress. The discussants, Stephanie Law and Janek Nowak, further explore cross-border dimensions, focusing on the 2018 proposal and issues of recognition and enforcement. They conclude by questioning whether the time is ripe for amending the Brussels I Regulation to accommodate collective redress.

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Critical Evaluation

Value of the Information & Strength of the Argument

The video provides valuable insights into the complexities of collective redress in the EU, offering a detailed analysis of legal instruments and case law. The argumentation is solid, grounded in legal texts and judicial decisions. The speaker effectively contrasts horizontal and sectoral approaches, highlighting their strengths and weaknesses. The discussants add depth by examining practical implications and potential reforms. The panel’s critical assessment of the Brussels I Regulation’s applicability to collective actions is well-reasoned, supported by references to specific cases and legislative proposals.

Scientific Rigor, Source Quality, Title Accuracy

The scientific rigor is high, with references to EU regulations, directives, and Court of Justice case law. The sources cited are authoritative, including the European Commission’s 2013 Recommendation and 2018 proposal, as well as the GDPR. The title accurately reflects the content, which is a focused panel discussion on collective redress. The discussion is well-structured and maintains a high level of legal analysis.

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Title / Content Match

The title accurately reflects the content, which is a panel discussion on collective redress mechanisms in the EU.

Quality & Reliability

8/10

The video features academic experts discussing legal frameworks, with references to EU legislation and case law. The content is well-structured and grounded in legal analysis, though it is a panel discussion rather than a peer-reviewed study.

Key Moments

Cited Sources

Concurring Sources

  • Study on Collective Redress in the Member States (2007) — Referenced as background on national systems.

Contribution & Novelties

The panel provides a comprehensive analysis of the current state of collective redress in the EU, highlighting the tension between horizontal and sectoral approaches. It offers a critical evaluation of the Brussels I Regulation’s applicability to collective actions, suggesting that it is not fit for purpose. The discussion brings to light the need for legislative intervention and the potential for extending existing rules to other areas like employment.

Pour aller plus loin :

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Radar Profile

The radar profile shows high scores in information quantity and quality, reflecting the depth of legal analysis. The technical level is moderate, indicating accessibility to a legal audience. Overall, the panel is reliable and well-sourced.

Reliability 8/10