Class Action Filings on the Rise in Europe

Product liability and mass torts partners Adrienne Busby, Teresa Griffin and Patrick Reilly, and associates Eldin Hasic and Stephanie Koltookian coauthored an article for the American Bar Association’s Mass Torts Litigation Committee titled “Class Action Filings on the Rise in Europe,” which discusses an increase of filings, especially product liability cases, ahead of full implementation of the European Union’s Representative Actions Directive (“the directive”).

In the article, the authors give an overview of the directive, which was first presented in 2018 as part of a legislative package drafted in response to high-profile cases involving “mass harm” or breaches of consumer rights in multiple EU member states. The authors explain that as of the European Parliament’s formal endorsement of the legislation in 2020, the 27 EU member states are now required to translate the directive into national law and apply procedural measures by June 25, 2023.

The authors provide information and data that show the growth of class action filings in Europe, including geographic data indicating that the filings are concentrated in a few jurisdictions. They note that class actions are increasing at an unprecedented pace in Europe, adding that the directive promises to fuel that trend well into the future.

The full article is available for American Bar Association members.