Collective Redress & Class Actions 2023

1. Policy Development of Collective Redress/Class Action Mechanisms

1.1 History and Policy Drivers of the Legislative Regime

No Class Action

Austrian law has not historically provided for class actions. However, as a result of a directive of the EU – Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC – all that is about to change. Traditionally, class action in the Anglo-American style has even been seen as contrary to Austrian legal culture, based on individual action and individual parties who assert their own individual claims.

Limited Instruments of Collective Redress

There are only very limited opportunities for collective redress.