1. Session 4: Collective Claims of Consumer Asscociations Patrick von Braunmühl Federation of German Consumer Organisations (vzbv)

2. Number of collective actions for injunctive relief from consumer organisations: Private enforcement in Germany

3. Instruments of collective actions in Germany and the European Union Collective action for injunctive relief ADR, claims of assigned rights International collective injunctive actions and enforcement Redress mechanisms with collective elements Need for group actions

4. Injunctive relief in Germany Procedure: 1965 consumer organisations can bring actions against misleading or dishonest advertising declaration of injunction infringement of the covenant file for injunctive relief in court penalty signednot signed

5. Instruments of collective actions in Germany and the European Union Collective action for injunctive relief ADR, claims of assigned rights International collective injunctive actions and enforcement Redress mechanisms with collective elements Need for group actions

6. Cross-border infringements EU-Directive on injunctions for the protection of consumers´ interests; 1998 National consumer associations can file for injunctive relief in other member states Creation of qualified entities: public bodies or organisations protecting consumer interests

7. International Enforcement EU-Regulation on consumer protection cooperation, 2004 Need for information exchange Each EU-member state creates a public enforcement authority EU-wide network of these national enforcement authorities Consumer Organisations not integrated

8. From injunctive relief towards group actions Limited benefit from injunctive actions Innovative legal instruments in several EU- member states e.g.Germany: Profit-skimming procedures introduced High risk and no incentive to file for profit- skimming

9. Need for group actions Inefficacy of actions based only on injunctions and profit-skimming Need to compensate individual consumers by group actions Disadvantages of the US class action system Punitive damages Contingency fee Constitutional problems Development in several EU-member-states concerning group actions: Germany, France, Sweden, Denmark, Spain

10. opt-in versus opt-out opt-out USA, Canada, Australia opt-in Japan, Sweden, German draft pro Broader market impact Consumer benefits even if he was not aware of the case pro Consumer can pursue his case individually Freedom of decision contra Right to be heard affected Consumer may get less than his right contra Problem to reach all affected consumers Less market impact

11. Private enforcement Disadvantages: Investigation powers limited No central office for international collaboration and inquiry Data protection problems when exchanging information Advantages: Less bureaucracy More flexibility Good knowledge about consumers’ problems Development of case- law

12. Thanks for your attention