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BIICL collaboration with German Funder on Collective Redress Project

BIICL has recently worked with the German public body, the Gesellschaft fur internationale Zusammenarbeit (GIZ) on a collective redress project....

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Germany - Collective Action Draft Bill

Draft Bill for collective actions...

Product Liability

Product liability cases are generally not subject to a specific collective redress mechanism. They are frequently covered by either a general mechanism which encompasses different types of claims including tort claims (e.g. The Netherlands or Poland) or by broader sectoral mechanisms available to consumers which include various types of consumer claims (e.g. Italy). In some countries, where consumer collective redress is limited to claims brought by associations to sanction a particular behavior of market participants (such as the use of unfair standard terms), no collective mechanism exists to deal with mass tort claims (e.g. Germany). The necessity for a specific mechanism for mass product liability cases also depends on the question whether or not social insurance covers the physical damage of the victims. The solutions for mass harm scenarios can be individual and tailored to the specific case, e.g. compensation can be granted via an intervention of the legislator or through the creation of a compensation foundation in combination with an out of court settlement.

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