The question of representation in collective redress and other collective proceedings - legal comparison of German, American and European legislation
Abstract
The question of the regulation of representation is one of the key issues in the regulation of collective redress. From the question of a capacity to bring the action (ie who is entitled to bring a representative action - only a qualified entity or shall one of the victims be a representative of the whole group?), to the question of who the plaintiff will actually represent (shall only injured persons, who actively applied for their participation in the proceedings be included or, conversely, all those who do not excluded themselves from it will be bound?) to the question of legal representation.
Different answers are provided to those questions by different instruments of collective redress. This chapter then compares the existing foreign legislation on representation in collective redress, namely the American class actions, the German Musterfeststellungsklage and the EU legislation.