Directive (EU) 2020/1828 of the European Parliament and of the CouncilShow full title

CHAPTER 1 U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter and purpose

1. This Directive sets out rules to ensure that a representative action mechanism for the protection of the collective interests of consumers is available in all Member States, while providing appropriate safeguards to avoid abusive litigation. The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning representative actions. To this end, this Directive also aims to improve consumers’ access to justice.

2. This Directive does not prevent Member States from adopting or retaining in force procedural means for the protection of the collective interests of consumers at national level. However, Member States shall ensure that at least one procedural mechanism that allows qualified entities to bring representative actions for the purpose of both injunctive measures and redress measures complies with this Directive. The implementation of this Directive shall not constitute grounds for the reduction of consumer protection in fields covered by the scope of the legal acts listed in Annex I.

3. Qualified entities shall be free to choose any procedural means available to them under Union or national law for the protection of the collective interests of consumers.

Article 2 U.K. Scope

1. This Directive applies to representative actions brought against infringements by traders of the provisions of Union law referred to in Annex I, including such provisions as transposed into national law, that harm or may harm the collective interests of consumers. This Directive is without prejudice to the provisions of Union law referred to in Annex I. It applies to domestic and cross-border infringements, including where those infringements ceased before the representative action was brought or where those infringements ceased before the representative action was concluded.

2. This Directive does not affect rules under Union or national law establishing contractual and non-contractual remedies available to consumers for the infringements referred to in paragraph 1.

3. This Directive is without prejudice to Union rules on private international law, in particular rules regarding jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and rules on the law applicable to contractual and non-contractual obligations.

Article 3 U.K. Definitions

For the purposes of this Directive, the following definitions apply:

(1)

‘consumer’ means any natural person who acts for purposes which are outside that person’s trade, business, craft or profession;

(2)

‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, that acts, including through another person acting in that person’s name or on that person’s behalf, for purposes relating to that person’s trade, business, craft or profession;

(3)

‘collective interests of consumers’ means the general interest of consumers and, in particular for the purposes of redress measures, the interests of a group of consumers;

(4)

‘qualified entity’ means any organisation or public body representing consumers’ interests which has been designated by a Member State as qualified to bring representative actions in accordance with this Directive;

(5)

‘representative action’ means an action for the protection of the collective interests of consumers that is brought by a qualified entity as a claimant party on behalf of consumers to seek an injunctive measure, a redress measure, or both;

(6)

‘domestic representative action’ means a representative action brought by a qualified entity in the Member State in which the qualified entity was designated;

(7)

‘cross-border representative action’ means a representative action brought by a qualified entity in a Member State other than that in which the qualified entity was designated;

(8)

‘practice’ means any act or omission by a trader;

(9)

‘final decision’ means a decision by a court or administrative authority of a Member State that cannot or can no longer be reviewed by ordinary means of appeal;

(10)

‘redress measure’ means a measure that requires a trader to provide consumers concerned with remedies such as compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under Union or national law.