Posts tagged #collective action
All PostsECJ: Can ‘Floor Clauses’ Be Challenged by Collective Action?
European LawMinimum interest clauses (‘floor clauses`) can be fully reviewed by means of a class action, the European Court of Justice (ECJ) has stated in a preliminary ruling requested by a Spanish court. A Spanish consumer protection organisation has filed a c...
OGH: Invalid Clause in Package Tour GTCs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a complete preclusion of the right to withdraw from a package tour contract at no charge in the case of travel restrictions due to COVID-19 is inadmissible. In 2021...
Update: On the implementation of the Directive on representative actions
European LawThe European "Directive on representative actions for the protection of the collective interests of consumers and repealing" (Directive 2020/1828) of November 25, 2020 obliges member states to establish a procedure for collective redress and adequate...