Civil proceedings must remain fair – it is important to protect the procedural rights of defendant entrepreneurs
Vienna (OTS) – Today, Friday, the National Council passed the implementing law for the EU Representative Actions Directive. Accordingly, only so-called “qualified institutions” have standing to sue. In addition to the injunction actions that have been known for years, in Austria for the first time they have the legal opportunity to bring a collective action for redress against companies on behalf of consumers, which can be used to claim damages, price reductions or repairs directly on behalf of consumers.
These procedures can certainly serve fair competition. “We have always insisted that such a procedure be designed fairly and that the interests of all those involved are taken into account in a balanced manner,” emphasizes Rosemarie Schön, head of the legal policy department at the Austrian Chamber of Commerce (WKÖ).
Significant facilitation in the combined pursuit of consumer interests in civil proceedings must not lead to the defendant entrepreneurs having their procedural rights unobjectively curtailed. In any case, unjustified prior convictions should be avoided, as should American conditions with their class action including elements of punitive damages and very high pressure to settle.
What is essential for the economy in this implementation is that consumers generally do not receive more compensation through a collective remedy procedure than they would receive in an individual procedure. The examination of each individual claim – based on the basis and amount – is also an absolutely necessary part of every remedial procedure.
“Overall, the implementation law now passed by the National Council can be seen as a viable compromise after years of struggling to find a solution that is as fair and practical as possible,” Rosemarie Schön concluded. (PWK276/HSP)
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