With an official communication dated 27 January 2023 and published on its official website, the European Commission communicated an infringement decision on the failure to transpose the Representative Actions Directive (EU) 2020/1828 by a large number of EU members states.

Since the Directive entered into force in December 2020, member states had two years to transpose it into their national law and to inform the Commission. Unfortunately, while there is work ongoing in most member states on adopting the laws, a large number of member states have failed to notify national measures fully transposing the Directive by the deadline set for December 25, 2022 and the following will therefore be receiving letters of formal notice: Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Luxembourg, Malta, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden.

Dentons’ Europe Litigation and Dispute Resolution team has been mapping the relevant legal framework within the largest European economies during the last 18 months. Our Class action tracker indicates the most interesting points relating to the transposition that have been undertaken or are still under discussion, and highlights what is already in force in such jurisdictions.

To check the latest news please visit our “EU 2020/1828 - Class Action Directive Hub” and the relevant tracker at the following link: Dentons - EU 2020/1828 - Class Action Directive.