The Concept of Locus Standi in Collective Protection of Consumer Rights – the Pitfalls of Transposition of European Model into the Czech Legal Order-Reference-Cited by-同舟云学术

The Concept of Locus Standi in Collective Protection of Consumer Rights – the Pitfalls of Transposition of European Model into the Czech Legal Order

Published:2019-12-01 Issue:2 Volume:19 Page:200-223
ISSN:2464-6601
Container-title:International and Comparative Law Review
language:en
Short-container-title:

Author:

Hamuľáková Klára¹

Affiliation:

1. Faculty of Law , Palacký University Olomouc , Czech Republic

Abstract

Summary The paper deals with collective protection of consumer rights from the European and Czech point of view. The attention is focused on the question of the concept of legal standing to bring a collective actions (i.e. locus standi) The article compares the legal regulation of legal standing to bring a collective action in the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (2013/396/EU), in the proposal a new Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers [COM/2018/184 final-2018/0089 (COD)] and the Czech bill for the Collective Redress Act.

Publisher

Walter de Gruyter GmbH

Subject

Law

Link

https://www.sciendo.com/pdf/10.2478/iclr-2019-0021

Reference26 articles.

1. Bill for the Collective Redress Act (Czech)

2. CCBE position on the Proposal for a Directive on representative actions for the protection of the collective interests of consumers. https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/ACCESS_TO_JUSTICE/ATJ_Position_papers/EN_ATJ_20180924_CCBE-position-on-the-Proposal-for-a-Directive-on-representative-actions-for-the-protection-of-the-collective-interests-of-consumers-and-repealing-Directive-200922EC.pdf

3. Civil Code (act no. 89/2012 Coll.;Czech)

4. Civil Procedure Code (act no. 99/1963 Coll.;Czech)

5. Consumer Protection Act (act no. 634/1992 Coll.;Czech)Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (2013/396/EU)