Consumer and misleading action claims but with the implementation of the new collective redress regime data protection claims will likely increase.
Specific consumer protection bodies are also entitled to file representative actions (Verbandsklage) in the public interest. Although not strictly a collective action consumers may try to convince these bodies to initiate proceedings to indirectly benefit from this action.
Class action and model lawsuits are opt-in actions.
Yes, the class action.
The following forms of relief can be requested depending on the nature of the claim: performance (e.g. compensation, repair, replace, refund, publication of judgment), declaratory relief or an injunction. Claims for omission and publication of the judgment might also be asserted in preliminary injunction proceedings.
There are no punitive damages.
The relevant bodies are listed in the Austrian Consumer Protection Act.
These bodies can file cross-border claims, if Austrian consumers are adversely affected.
Yes, for class actions, only.
But lawyers cannot work on a contingency fee basis.
Law firms have to adhere to strict professional requirements which prohibit aggressive advertisements.
General court rules apply. In collective redress proceedings, consumers can choose whether to be bound but must let the claimant know prior to the settlement. In representative actions consumers have no participation right.
Only if the claimant has requested publication.
If a party does not comply the claimant enforces its rights by a separate enforcement action. A penalty is only imposed by the court in the case of non-compliance with a request of an imposed action or omission.
With thanks to our friends at Dorda. Please contact Dr Axel Anderl, [email protected]
The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.