Types of decisions in collective proceedings and their components

Keywords: collective redress, collective proceedings, decision, components of decision

Abstract: The paper is focused on decisions issued in collective proceedings. It deals with the types of decisions and their components and compares them with decisions issued in individual court proceedings. All this on the background of European legislation and documents pertaining to collective proceedings (Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law (2013/396/EU); Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC and the European Model Rules of Civil Procedure), the German government's draft law on consumer redress and the proposed Czech legal regulation of collective proceedings. The author asks what specific types of decisions appear in collective proceedings and what is their purpose, and what special types of decisions known from individual proceedings can be applied in collective proceedings and whether they have any specific meaning for collective proceedings. With regard to the components of the judgment, the question to be examined is what special requirements arise from the specific nature of collective proceedings for the content of the judgment.

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