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European Analogues to the Class Action: Group Action in France and Germany

European Analogues to the Class Action: Group Action in France and Germany WILLIAM B. FISCH Europea n Analogues to the Class Action: Group Action in France and Germany For the civil proceduralist in the United States the most per­ plexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in na­ tional advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of the wrongdoer's total potential ex­ posure and by the expenses of litigating the substantive issues. When the government involves itself in such problems, through legislative and administrative decisions attempting to regulate the risk-creating activities, the procedural issue may be whether per­ sons other than those directly regulated should be permitted to take the initiative in bringing matters to court, to by-pass or force the hand of an erring or reluctant enforcement agency. A major underlying theme, no doubt, is the complex http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

European Analogues to the Class Action: Group Action in France and Germany

Fisch, William B.
American Journal of Comparative Law , Volume 27 (1) – Jan 1, 1979
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References (1)

Publisher
Oxford University Press
Copyright
© 1979 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839938
Publisher site
See Article on Publisher Site

Abstract

WILLIAM B. FISCH Europea n Analogues to the Class Action: Group Action in France and Germany For the civil proceduralist in the United States the most per­ plexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in na­ tional advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of the wrongdoer's total potential ex­ posure and by the expenses of litigating the substantive issues. When the government involves itself in such problems, through legislative and administrative decisions attempting to regulate the risk-creating activities, the procedural issue may be whether per­ sons other than those directly regulated should be permitted to take the initiative in bringing matters to court, to by-pass or force the hand of an erring or reluctant enforcement agency. A major underlying theme, no doubt, is the complex

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jan 1, 1979

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