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Economics, Regulation

Prediction: Representative actions will find fertile ground in products claims

Economics, Regulation
Product Safety, Liability and Recall
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Prediction

Both domestic and cross-border class or collective actions across Europe will grow in number in the coming year, with product liability likely to be at the forefront of growth. The gradual and varying transposition of the provisions of the Representative Actions Directive across member states will mean that certain jurisdictions will be identified as more favourable locations for litigation. Those locations with a pre-existing and mature collective redress system may be the initial jurisdiction of choice. For example, the Netherlands has a history of collective redress actions and in 2024, permission was granted for 60,000 women to pursue an action against a breast implant manufacturer. Further significant impact on the risk of national and cross-border representative actions will be felt in 2026 as the updated Product Liability Directive also takes effect in member states. By widening liability to include software and digital processes and reducing the burden of proof on consumers seeking compensation, the prospect of collective redress measures involving product liability will only grow in the coming years.

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