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Collective Actions for the Protection of Consumers in the Czech Republic

Collective Actions for the Protection of Consumers in the Czech Republic SummaryThe paper at hand deals with collective procedural mechanism in the Czech Republic. Class action is nowadays considered one of the main procedural tools to protect consumers. Collective procedure in business-to-consumer disputes is thus on its rise in Europe. Yet, the Czech Republic belongs to few EU Member States where consumers still cannot rely on comprehensive regulation of collective action. The paper firstly provides for a brief introduction of existing possibilities that are governed by the Czech procedural law such as right of a consumer organisation to file for representative action on injunction relief or judge’s discretion to use the consolidation of civil proceedings. Further, the article focuses on the question, whether it would be useful if the Czech consumers (or qualified entities on their behalf) could file for collective action on redress measure. The paper subsequently presents the main principles of the unsuccessful Proposal for Collective Proceedings Act, which was submitted by the former Government. Finally, the article elaborates on possible development in this matter, given a duty of the Czech legislator to implement Directive on representative actions. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International and Comparative Law Review de Gruyter

Collective Actions for the Protection of Consumers in the Czech Republic

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Publisher
de Gruyter
Copyright
© 2022 Anežka Janoušková, published by Sciendo
eISSN
2464-6601
DOI
10.2478/iclr-2022-0002
Publisher site
See Article on Publisher Site

Abstract

SummaryThe paper at hand deals with collective procedural mechanism in the Czech Republic. Class action is nowadays considered one of the main procedural tools to protect consumers. Collective procedure in business-to-consumer disputes is thus on its rise in Europe. Yet, the Czech Republic belongs to few EU Member States where consumers still cannot rely on comprehensive regulation of collective action. The paper firstly provides for a brief introduction of existing possibilities that are governed by the Czech procedural law such as right of a consumer organisation to file for representative action on injunction relief or judge’s discretion to use the consolidation of civil proceedings. Further, the article focuses on the question, whether it would be useful if the Czech consumers (or qualified entities on their behalf) could file for collective action on redress measure. The paper subsequently presents the main principles of the unsuccessful Proposal for Collective Proceedings Act, which was submitted by the former Government. Finally, the article elaborates on possible development in this matter, given a duty of the Czech legislator to implement Directive on representative actions.

Journal

International and Comparative Law Review – de Gruyter

Published: Jul 1, 2022

Keywords: class action; collective action; collective redress; consumer protection; representative action; collective proceedings

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