Research On EU Consumer Collective Actions

The EU consumer collective action has been developed as a new instrument for regulating.It provides redress for consumers,facilitates judicial economy and helps with the harmonization of the internal market.The regulating function is achieved through two aspects:the harmonization of consumer collective actions of member states and the resolution of consumer cross-border collective actions.On the one hand,the harmonization of EU consumer collective actions has accelerated since the 21^st century.For the first time,Recommendation 2013 on Collective Redress puts forward a set of procedural principles regarding collective actions.Further,Proposal for a Directive on Representative Actions chooses representative actions as the standard for harmonization.Moreover,the EU consumer law is enforced through a way of a functional mix of private enforcement and public enforcement.On the other hand,relevant rules of private international law relating to cross-border consumer collective actions are unworkable and the harmonization has not started yet.This dissertation is structured in six parts,the main body has four chapters and they are organized as follows.The first chapter studies theoretical basis,policy reasons and history of the development of EU consumer collective actions.It finds out that the development of EU consumer collective actions is in accordance with the harmonization pattern of EU consumer law,that is,from soft-law harmonization to hard-law harmonization.And theoretically,this development contributes to the harmonization of internal market and is in accordance with the theories of judicial economy,public interests,market regulation and access to justice.The second chapter focuses on different models of EU consumer collective actions,in particular,procedural issues and judicial practice of representative actions,WCAM,and test case procedures.Moreover,it studies the content and application of procedural principles of EU consumer collective actions,that is,the scope,standing,admissibility,opt-in versus opt-out,and collective settlement,suggested by Recommendation 2013 on Collective Redress and Proposal for a Directive on Representative Actions.As a result,it points out that the representative action suggested by the EU performs functions of harmonization,prevention,punishment,providing redress and avoiding abuse of lawsuits.The third chapter switches the perspective into jurisdictional issues of cross-border consumer collective actions.Under Brussels I Regulation?recast?,issues of jurisdiction over domicile of the defendant,special jurisdiction in contract matters,special jurisdiction in tort matters,protective jurisdiction over consumer contracts,concentration of jurisdiction over multiple defendants,and parallel collective actions relevant to cross-border consumer collective actions have been studied.Moreover,it discusses the application of relevant jurisdictional rules under Brussels I Regulation?recast?to representative actions,WCAM,and test case procedures in a cross-border context.The study demonstrates that Brussels I Regulation?recast?is unworkable in the ascertain of jurisdiction in cross-border consumer collective actions.In a short run,international cooperation is a better solution than making new particular governing rules.The fourth chapter puts attention on the recognition and enforcement of cross-border consumer collective actions under Brussels I Regulation?recast?.In particular,issues of contingent fee,punitive damages,opt-out,collective settlement and preclusive effects of collective judgments have been studied.Consequently,the malfunction of Brussels I Regulation?recast?in cross-border consumer collective actions hinders functions of conflict justice of relevant private international law rules,and further impedes functions of market regulation of EU consumer collective actions.