Class action and collective redress in EU private international law (a study in the field of torts)

Jeremy Heymann

Chapter 5 in Research Handbook on EU Private International Law, 2026, pp 106-117 from Edward Elgar Publishing

Abstract: In this chapter, we seek to understand the legal and factual basis for class actions and collective redress, in order to determine whether or not it is true that the Brussels Recast Regulation is unsuitable for class actions. We believe that the so-called difficulty or inadequacy of the latter Regulation is in fact misunderstood, as class actions and collective redress are procedural devices, whereas the Recast Brussels Regulation deals with jurisdiction. The dividing line between procedure and jurisdiction may be thin, but it is important. It is therefore necessary to focus more on litigation strategy and reassess the effectiveness and value of the maxim “actor sequitur forum rei”, rather than considering a particular head of jurisdiction and seeking a place – the one where the damage occurred – that proves unsuitable and irrelevant for cross-border class actions.

Keywords: Cross-Border Class Actions; Collective Redress; Brussels Recast Regulation; Procedure; Jurisdiction; Place where the Damage Occurred (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
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