LEADER 04062nam a2200325 a 4500001 000062791 003 DE-Y10 005 20210830174837.0 008 210722s2021 sz 000 0 eng d 020 9783030730352 (hbk) 020 |z9783030730369 (pdf) 041 0 eng 084 3 EU 282.9.5 |qDE-Y10 |2mpilcs 084 2 C 282.9.5 |qDE-Y10 |2mpilcs 245 00 Class actions in Europe : |bholy grail or a wrong trail? / |cedited by: Alan Uzelac and Stefaan Voet. 260 Cham : |bSpringer, |c2021. 300 X, 400 p. 490 1 Ius gentium (Springer) |v89 504 Includes bibliographical references 505 0 • Introduction • Collectivization of European Civil Procedure: Are We Finally Close to a (Negative) Utopia? • Critical Perspectives on Collective Redress • Evaluating Collective Redress: Models, Evidence, Outcomes and Policy • For the Defense: 28 Shades of European Class Actions • Many Faces of Collective Litigation: European Perspectives • The Dawn of Collective Redress 3.0 in France? • From Injunction and Settlement to Action: Collective Redress and Funding in the Netherlands • Class Actions in Belgium: Evaluation and the Way Forward • Class Actions and Group Litigation: A Norwegian Perspective • Group Actions in East-Nordic Legal Culture • Rebooting Italian Class Actions • Challenges in Drafting and Applying the New Slovenian Collective Actions Act • The Lessons of Airfreight Cartel: Mechanisms of Coordination of Parallel Collective Lawsuits in Several Jurisdictions? • Collective Redress in the EU: Will It Finally Come True? • Global Perspectives on Collective Redress • The State of Reform in First and Second Generation Class Action Jurisdictions • Empirical Data and the Powerful Lessons Learnt About Class Actions in Quebec • Collective Redress in Brazil: Success or Disappointment? • Class Actions and Public Interest Litigation in China 520 3 Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed. 700 1 Uzelač, Alan |d1963- 700 1 Voet, Stefaan. 830 0 Ius gentium (Springer) |v89