A proposed new class action procedure should allow companies
to make a 'clean break' while facilitating a more efficient
dispute resolution process overall.
In Switzerland, typical class actions as known in many other
jurisdictions are not available. However, 'Dieselgate' and
similar cases also affect consumers in Switzerland. If a large
number of people suffer the same or similar damage, each has to
file their claim individually. While total damages are usually
large the individual claims may be relatively small, which means
many individuals do not assert their claims because of the
disproportionate risk-benefit relationship.
Under current Swiss law, only associations are allowed to bring
group actions in their own name for a violation of the personality
of their members, provided the articles of association authorise
these associations to do so. The Swiss Federal Council (government)
now proposes to allow group actions not only for the violation of
personal
