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On November 25, 2020, the European Parliament approved DIRECTIVE (EU) 2020/1828 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC.

The Directive entered into force on December 24, 2020. Member states were given 24 months to transpose the directive into national law, and an additional six months to implement it. The new rules will apply to representative actions that were filed on or after the Directive’s date of application. Therefore, we expect these changes to be implemented starting from mid-2023.

This guide provides a picture of the status of implementation of the Directive across major EU jurisdictions as at October 2022, including the current collective litigation mechanisms in place in these jurisdictions. It also describes what changes respective governments are already doing to update the current legal regime according to the indications provided by the European Parliament.

Companies may find useful takeaways to take into consideration, in addition to the indication on the main representative members of the Dentons Litigation team in Europe that are available to discuss the litigation strategy in preparation for possible future class actions under the new legal regime.