12 months of actual public activity in the protection of consumer interests prior to its application.Only “Qualified Entities” can take a representative action on behalf of the effected consumers and they must satisfy the following criteria: It will also allow several Qualified Entities, once designated in their own Member States, to join together on a cross-border basis to bring a representative action where European consumers have been harmed by the same alleged infringement, caused by the same trader, in several Member States. The Directive builds on the Injunctions Directive (2009/22/EC) and is part of an EU-wide response to recent mass consumer rights breaches by private companies, such as in connection with car emissions and mass flight cancellations. It gives designated “Qualified Entities” the power to take enforcement action on behalf of a group of consumers whose rights have been breached in Ireland or in another EU country. The Representative Action Directive (EU Directive 2020/1828) of the European Parliament and of the Council of 25 November 2020 introduces a model for representative actions on behalf of consumers across the EU where “mass harm” situations occur. WHAT CHANGES DOES THE DIRECTIVE INTRODUCE? This can act as a significant deterrent to litigation. However, the plaintiff in a test case faces the risk of costs being awarded against them if they lose. Typically, where multiple plaintiffs have similar claims, litigation is progressed by a ‘test case’. It is not currently possible to bring a class action suit in Ireland. The Irish government, in recent weeks has approved the drafting of legislation intended to improve access to justice for consumers.
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