2021 LS&HC Horizons - Flipbook - Page 58
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Hogan Lovells
Europe
EU embracing consumer class actions
The European Union is forcing all Member States
to provide for collective actions in consumer
matters by 25 June 2023 at the latest. The Life
Sciences and Health Care sector is among the
industries explicitly targeted by this approach.
Actions can bring infringements of EU consumer
laws. The scope includes, among many other
horizontal and sectoral laws, e.g., Regulation (EU)
2017/745 on medical devices, Directive 2001/83/
EC on the Community code relating to medicinal
products for human use (Articles 86-90, 98 and
100), Regulation (EU) 2016/679 (General Data
Protection Regulation), and the Directive 85/374/
EEC concerning liability for defective products.
EU Member States must adopt and publish the
laws, regulations, and administrative provisions
necessary to implement new Directive (EU)
2020/1828 by 25 December 2022. They must
enable actions for redress measures, including
compensation, and ensure that EU consumers
can join the class of consumers concerned by the
action. Only so-called qualified entities will have
standing to bring the representative action but
those qualifying for cross-border actions they will
have standing in all Member States. They can
move for injunctions, too.
It is important for the industry to understand
how the Member States are going to implement
the new directive, and which further changes may
follow in the individual Member States. With
regards to domestic litigation, the directive does
not prevent them from adapting or retaining
in force other types of class actions. Some may
use this occasion to reshape or overhaul their
mechanism for collective actions. We expect
to see an increase in cross-border litigation in
consumer matters. Having an international
litigation strategy is more important than ever.
Ina Brock
Partner, Munich
ina.brock@hoganlovells.com
Matthias Schweiger
Partner, Munich
matthias.schweiger@hoganlovells.com
