Posts tagged #collective action

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ECJ: Can ‘Floor Clauses’ Be Challenged by Collective Action?

European Law 

Minimum 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 Law 

The 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 Law 

The 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...

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