Prof. Stefaan Voet, University of Leuven
Consumer class actions in Belgium and France
In 2014, Belgium and France adopted a class action regime. In Belgium, the procedure only applies to consumer cases. In France, the procedure can also be used as a follow-on action in competition cases. In both countries standing is given to accredited organizations. In Belgium the court can choose between an opt-in or opt-out system. In France a de facto opt-out system applies. In both jurisdictions, collective settlements are possible and prioritized. In this lecture, both regimes will be critically analyzed. Attention will also be paid to their compatibility with the 2013 EC Recommendation on Collective Redress Mechanisms.
Consumer Collective Redress in Belgium: Class Actions to the Rescue?