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Consumer collective redress in the Czech Republic: Current situation and perspectives

Publication at Faculty of Law |
2019

Abstract

The current landscape of collective redress in the Czech Republic is rather bleak. Not only are there no effective collective civil procedure mechanisms, but no compensatory collective redress schemes whatsoever.

The paper summarizes the current legislative landscape and practice in the Czech Republic as concerns collective (civil procedural) enforcement of consumer (and marginally also: environmental) rights. It marks out the standing to file representative injunctive suits, as currently scattered throughout the Czech law, and complains about lack of collective instruments to enforce monetary claims.

It informs of recent spontaneous attempts to cumulate mass diffuse claims. In the second part, the paper gives an overview of the ongoing legislative project on collective (group) actions (standing, certification, group members, conducting the process, litigation funding etc.).

It concludes with evaluation of the bill, including the central observation that its scope and aiming are to be welcome. The current landscape of collective redress in the Czech Republic is rather bleak.

Not only are there no effective collective civil procedure mechanisms, but no compensatory collective redress schemes whatsoever.