Collective (or Class) Action

Collective (or Class) action is the practice of allowing individuals affected by a common harm to go to court together and to have a professional litigate on their behalf. Although it can exist in different areas of law, this practice is often used to enforce consumer rights as the expensive and time-consuming procedures will discourage persons to fight their case individually (especially when the level of harm is low).

Although, each Member State will have its own practices of collective (or class) action, including in antidiscrimination law, there is a specific list of EU legislation for which Member States have to put in place collective redress mechanisms (in relation to consumers). The most relevant ones for persons with disabilities are the Passenger Rights Regulations (Air, Rail, Bus and Waterborne).

Examples

Belgium: in 2014, several strikes affected the regular functioning of SNCB services. However, the railway company refused to pay compensation to consumers affected. Thanks to a collective action launched by the Belgian consumer group, the 44.000 passengers affected got compensation