Consumer Collective Redress in EU Law : Lessons from the Polish Legal System

Abstract

This book provides critical insights into the framework of consumer collective redress within EU law, including recent changes introduced by the Representative Actions Directive (EU) 2020/1828. The focus is on Poland, where group proceedings have been operating since 2009. The exploration of Poland’s 15-year time-span experience constitutes a comprehensive case study, offering valuable examples and recommendations. The study examines whether, collective redress mechanisms can ensure effective enforcement of consumer rights and, at the same time, guarantee a high level of consumer protection. The discussion is composed of three fundamental parts. The first chapter explores the nature of collective redress from the perspective of EU law. In the second chapter, the book addresses the various legal mechanisms operating in the Member States and the UK that serve consumers as means of collective redress. The final chapter focuses on Poland, discussing the legislative framework and functioning of group proceedings in practice. The discussion is enriched with specific solutions for the further development of collective redress in the EU. This book covers issues that will be of interest to researchers investigating EU consumer law, collective redress, class actions and law enforcement more in general. It will be of relevance to consumers and practicioners, including attorneys and consumer organisations aiming to bring representative actions in one of the EU Member States.