Public consultation on the transposition of Directive (EU) 2020/1828

Prior public consultation on the transposition of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC

This regulation transposes Directive (EU) 2020/1828, which aims to ensure the existence of at least one process for the defense of consumers' interests in their civil procedural systems through qualified entities that represent consumers and that can bring actions for injunctions and damages, when there is an infringement by an entrepreneur of the provisions of Union law.

The Directive does not impose full harmonization, as it allows States to go further in the measures to be adopted. Moreover, the Directive should not replace existing national procedural mechanisms to protect the collective or individual interests of consumers.

It also requires the recognition of legal standing in all national systems of qualified entities for the purposes of cross-border actions regardless of the State of designation.

The following aspects of the Directive can also be highlighted:

The existence of agile mechanisms in relation to injunctions and, if necessary, precautionary measures, there will be an expedited process.
As a general rule, the represented consumer will not be charged for the costs of the proceedings.
The requirement to show evidence to the employer.
The possibility of providing as evidence, in compensation action proceedings, the final resolutions declaring the employer's infringement.
Suspension or interruption of the statute of limitations with the filing of an action for injunctive relief or reparation.

The prior public consultation will be open until September 25, 2021.

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