2022apr 07
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EU Collective Redress on the Rise

Dimitris Emvalomenos, Lawyer, LL.M., Accredited Mediator of the Greek Ministry of Justice & the Centre of Effective Dispute Resolution (CEDR), London, UK, Dep. Managing Partner of Bahas, Gramatidis & Partners (BGP), is the author of the paper “EU COLLECTIVE REDRESS ON THE RISE”.

The paper was firstly published in Greek Law Digest, the most systematic and comprehensive guide on the Greek legal and institutional framework, written entirely in English, and in Sinigoros Magazine (in Greek, ΣΥΝήΓΟΡΟΣ), (issue 149/2022), a unique bimonthly publication focusing on current legal and business news, both issued by NOMIKI BIBLIOTHIKI, the leading publishing, professional training and legal technology organization in Greece & Cyprus.

Summary

Transactions are becoming increasingly more automated and quick, assisted by the rapid developments in technology, within a digitalised environment dominated by platforms. Standardization, repetition, high speed and low cost are key elements, together with the trustworthiness and security of the systems used, including personal data protection. As a result, many consumers may suffer similar damages either concurrently or within a short period of time out of the use of the same products offered and services provided in breach of the legal requirements.

Thus, consumer collective redress either before or out-of-court, by means of ADR and especially mediation, allows the pursuance of many similar small claims, which individually could not be claimed on cost /benefit analysis. So, collective redress is expected to gain significant legal weight and importance in the years to come. Within this framework, individual consumer litigation appears old fashioned or the last unavoidable resort, since disputes resolution requires similarly low-cost, speedy and mostly uniform mechanisms.

The EU legislator has expressed a stable preference for collective redress, by ADR or litigation, on numerous instances. The Representative Actions Directive, as a horizontal regulation, is the result of a long process implementing this preference, among other considerations. Various other significant EU legislative pieces and initiatives support this trend.

You may download the full paper here and/or read it in the viewer below

EU-Collective-Redress-On-The-Rise-D.-Emvalomenos-GLD-Sinigoros-March22

About the Greek Law Digest (GLD)

Greek Law Digest (GLD) is the most systematic and comprehensive guide on the Greek legal and institutional framework, written entirely in English. Its objective is to provide its readers with pragmatic and comprehensive overview of the Greek legal system. The Guide provides concise and comprehensible content organized through short questions and answers, covering a wide range of issues that citizens of other countries might raise with respect to the law applicable in Greece. Such content is constantly enriched by updating and adding new articles. The GLD is available in hard copy, whereas the website www.greeklawdigest.gr is freely accessible to visits from 190 countries around the world. The Guide is offered to foreign diplomatic authorities in the country, Greek diplomatic authorities abroad, various financial and investment organizations and associations, international authorities and institutions, foreign partners during their official visits to the country, the official trade missions of Enterprise Greece, the official Greek trade missions of the Ministry of Economy & Development. It is acknowledged by foreign and Greek professionals, foreign diplomatic representatives and foreign officials, state authorities and business associations, as the most trustworthy and thorough legal guide ever existed for Greek legal and regulatory issues and receives generous tributes.  The GLD is published on the initiative of NOMIKI BIBLIOTHIKI under the auspices of the Ministry of Economy & Development, Enterprise Greece and Hellenic Republic Asset Development Fund