The Road Ahead: Challenges to the Effective Enforcement of the EU Representative Actions Directive Cover Image

The Road Ahead: Challenges to the Effective Enforcement of the EU Representative Actions Directive
The Road Ahead: Challenges to the Effective Enforcement of the EU Representative Actions Directive

Author(s): Emilia Mišćenić, Marina Širola
Subject(s): International Law, Law on Economics, EU-Legislation, Commercial Law, Comparative Law
Published by: Правни факултет Универзитета у Београду
Keywords: Collective interests of consumers; Funding; Locus Standi; Qualified entities; Representative Actions

Summary/Abstract: The rise of digital technology has driven progress but also enabled large-scale national and cross-border consumer law infringements. Unlawful digital practices threaten the internal market and the EU’s goal of high consumer protection. Directive (EU) 2020/1828 on representative actions aims to enhance enforcement by balancing access to justice and litigation abuse. Its key contribution is to ensure that consumers can seek injunctions and redress in all Member States. However, while a step forward, the Directive does not fully resolve issues of standing and funding, which hinder access to justice and effective enforcement. Addressing these challenges depends on the creativity and flexibility of national legislators, lawyers, and courts to make representative actions more practical and effective. This article examines the impact of the Directive and argues that additional efforts are crucial to overcome its limitations and ensure meaningful consumer protection across the EU.

  • Issue Year: 73/2025
  • Issue No: 1
  • Page Range: 39-62
  • Page Count: 24
  • Language: English
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