Plaintiff and Defendant in Class Action Proceedings

Keywords: class action proceedings, class action lawsuits, plaintiff, authorized person, consumer organization, defendant

Abstract: The contribution addresses the issues associated with both claimants and defendants, particularly within the context of the development and state of the regulation and the conditions imposed on those who are eligible to file a class action lawsuit under the proposed class action legislation and existing European legal regulations. Additionally, the article offers a comparative analysis and insight into foreign regulations regarding entities authorized to file a class action lawsuit. The author considers the claimant’s position in the broader context of the current proposed legal framework of class actions. This includes a critical evaluation of the consequences of the current regulation with regard to claimants and the advantages and disadvantages of such an approach. A key aspect of the author’s contribution is also the exploration of the previously overlooked and disregarded issue of defining the relationship between the claimant and the class members, particularly delineating their mutual rights and obligations within a class action. Finally, the article delves into available defences and introduces various institutions presented in the proposed legal framework, which are designed to mitigate the adverse consequences of abusive and exploitative class actions.

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