European Union Legislation

• Author: Christopher Hodges
• DOI: 10.1177/0002716208328287
• Published date: 01 March 2009
• Date: 01 March 2009
• Subject Matter: Articles

78 ANNALS, AAPSS, 622, March 2009

European Community legislation requires EU

Member States to implement representative proce-

dures for enforcement of consumer protection, intel-

lectual property, and late payment laws, but not yet for

compensation claims. The possible introduction of

damages claims for competition law infringements and

electronic privacy, and examination of collective

redress in the consumer protection field, is being

considered.

Keywords: European Union; collective redress; con-

sumer protection; competition; damages;

reform.

This article gives an overview of the mecha-

nisms that exist in European Community

law in relation to collective action and the state

of debate on further possible legislation. The

principal areas of activity have related to con-

sumer protection and competition law, plus

intellectual property, late payments, and envi-

ronmental protection.

Enforcement of the Collective

Interests of Consumers

Member States are required under

Community law to include in their national

implementing legislation mechanisms for the

representative enforcement of infringements of

specified consumer protection provisions. The

procedure traditionally empowers consumer

organizations to bring cases in which they

represent the general consumer interest. This

feature recognizes similar preexisting national

mechanisms in many Member States1but does

European

Union

Legislation

By

CHRISTOPHER HODGES

Christopher Hodges is head of the CMS Research

Programme in Civil Justice Systems at the Centre for

Socio-Legal Studies, Oxford University.

NOTE: The author gratefully acknowledges the assis-

tance of Dr. Magdalena Tulibacka in researching the

consumer and competition provisions.

DOI: 10.1177/0002716208328287