No EU Harmonization of Collective/Class Action Systems

Though Member States must introduce a collective action system compliant with the Directive, they can also introduce or keep other national systems. The Directive permits collective action systems to vary widely, including on features like opt-in/opt-out. As a result, this complex web of multiple collective action systems will likely lead to greater confusion, conflicts of laws, prolongation of litigation, and an increase in litigation costs. Moreover, defendants will have limited ways to know when all claims in relation to an issue have been resolved.

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