ABSTRACT
The Member States of the European Union were given a certain period in which to implement the European Commission’s Recommendation.1 This period expired in the summer of 2015, and we can make a rather remarkable observation: not a single European government followed the Recommendation. Some have implemented or are going to implement new instruments of collective redress, but they have their own ideas. This came as no surprise! What is surprising is the fact that even in those Member States where class or group action legislation has been enacted, not much use has been made of that legislation. There are a couple of reasons for this development. One of these may be the lack of litigation funding.
