Jurisdiction and cross-border collective redress : a European private international law perspective / Alexia Pato.

Format:

Book

Author/Creator:

Pato, Alexia, author.

Series:

Studies in private international law ; Volume 23.

Studies in private international law ; volume 23

Language:

English

Subjects (All):

Class actions (Civil procedure)--European Union countries.

Class actions (Civil procedure).

Conflict of laws--Class actions--European Union countries.

Conflict of laws.

Physical Description:

1 online resource.

Place of Publication:

Oxford, UK ; Chicago, Illinois : Hart Publishing, 2019.

Summary:

"In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general."--Bloomsbury Publishing.

Contents:

Introduction : the rise of mass damages and the corresponding private enforcement gap

Back to the origin : the US class action

Collective redress mechanisms in the EU

Private international law analysis

Proposal for an appropriate forum regarding collective redress actions

Final conclusions.

Notes:

Based on author's thesis (doctoral - Universidad Autónoma de Madrid, Facultad de Derecho, 2017) issued under title: Cross-border collective redress in the European union and private international law rules on jurisdiction.

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Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509930326

1509930329

9781509930302

1509930302

9781509930319

1509930310

OCLC:

1088665607