CONSUMER PROTECTION IN PRACTICE – A TRANSNATIONAL COMPARATIVE ACCOUNT OF COLLECTIVE REDRESS MECHANISMS (Part two: the Dutch and the English approaches)

Abstract

This article constitutes a continuation of the research conducted so far in the domain of collective consumer redress in the European Union. The aim of the article is to discuss the issue of various legal mechanisms functioning in the selected EU Member States that serve consumers as a means of collective redress. In the first part of this paper, it was presented that the models of consumer protection vary significantly in the individual Member States. After having scrutinized some terminological remarks regarding consumer law enforcement, the main analysis focuses on the legal solutions adopted in Belgium. In the second part of the discussion, the author presents relevant legal solutions adopted in the UK and the Netherlands. Specifically, the author discusses the various approaches to the issues fitting in the dichotomic scheme, that is, the so-called opt-out and opt-in mechanisms. Special consideration is devoted to the issue of admissibility of collective redress and legal standing to bring collective actions. The paper employs dogmatic and analytical methods for the process of interpretation of the normative material and the analysis of case law. The study uses the comparative perspective to identify solutions emerging from effective practices found in legal systems of the EU Member States. The findings emerging from the analysis show how significantly the Dutch and English systems of collective redress vary. The article also provides some tentative conclusions that would make it possible to decide which legal solutions operating with success in those jurisdictions could be adopted into Polish law.

An International Analysis of Consumers’ Consciousness During the Covid-19 Pandemic in Slovakia and Hungary

“…In this sense, new initiatives and regulations emerge to regulate digital advertising, thanks to which consumers can be better protected. (McGregor, 2017;Inglese, 2019;Mucha, 2021;Shelygov, Kodolov, Gorovoy, Troitskaya, Arifullin, 2021;Vujisić, Rapajić, 2021;Hudders, Reijmersdal, Poels, 2019) The European Commission does its best to modernise consumer protection rules as they have put forward a number of proposals to effectively upgrade the existing rules and guarantee equal treatment in single markets (Soldi, Cavallini, 2018).…”