Consumer actions.
Collective actions can be brought by individuals or by representative bodies.
Collective actions are opt-out actions.
All forms of relief can be claimed in civil actions including injunctions, orders for redress and declaratory relief. Punitive damages are not available.
Organisations which have specific legal competence, or which fulfil specific criteria, can bring claims. Cross-border actions are available.
The market is not well developed, but currently expanding.
There are no specific laws preventing it.
Consumer groups can advertise but law firms cannot.
There is no specific mechanism. Settlement is carried out under general laws. Settlements must be approved by the court.
Depending on the type of action all consumers may be bound unless they opt-out until a certain stage is reached in the litigation.
In most types of collective actions set out by law, the judge must determine the publication of the decision at the trader’s cost. There is one type of injunction order where the claimant can request publication.
There are sanctions for non-compliance with final decisions issued in respect of collective actions, with a view to ensuring compliance with such decisions, but these depend on the kind of measures sought.
With thanks to friends at Sérvulo & Associados. Please contact: João Carmona Dias [email protected] or Francisco Marques de Azevedo [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.