In the transport sector (aviation, train and automotive) and in the area of investors’ litigation.
There is both opt-in and opt-out systems. It depends on which type of action is brought.
Actions can be brought jointly by a group of consumers or under the umbrella of a representative body.
Plaintiffs in joined actions can obtain all kinds of relief. In actions for collective redress, the group of consumers/SMEs can claim compensation in kind or monetary damages.
Punitive damages are not allowed.
Yes, the representative bodies must fit within defined criteria. Cross-border actions can be brought as long as the Belgium courts have jurisdiction.
But it is not a well-developed market.
There are no specific laws preventing it.
Yes for representative bodies of consumers, but law firms are not permitted to advertise.
The settlement of joined actions brought by a group of plaintiffs does not need court approval but actions brought within the collective redress framework do require court approval. Plaintiffs can choose not to be bound by the settlement but those who are within a collective redress framework will be bound.
Actions within the collective redress framework will be publicised on official government websites.
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.