Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-03-26-Speech-4-042"
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"en.20090326.3.4-042"2
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"− Mr President, since the beginning of my mandate, redress has, as you know, been high on my list of priorities. I believe that substantive rights show their strength only when they are backed by enforcement and effective redress for consumers. More and more often, large numbers of consumers lose out as a result of the same or similar illegal practices by a trader and do not receive redress.
Concerning the initiative taken by the Commission on damages actions for breach of the European anti-trust rules, I can assure you that the Commission shares Parliament’s view that these two initiatives related to collective redress should be consistent. Indeed, being consistent does not mean that different policy initiatives have to use the same tools to reach the same goals. I can equally assure you that I remain personally committed to this issue and will continue to work on it until the end of my mandate with the same energy and vigour that I have devoted to it thus far, and of course with the kind help and support of Parliament.
The Commission has been examining the problem that consumers face in obtaining redress for mass claims. We have commissioned studies, discussed the issue with stakeholders, conducted surveys and an Internet consultation, and recently published a green paper to which we have received more than 170 responses.
Although the consultation officially ended on 1 March 2009, comments are still coming in and I can already tell you that, the more evidence we gather, the more our belief that there is a problem is confirmed. This is why we need to find a solution in the interests of justice and a healthy European economy.
The green paper on consumer collective redress proposed various ways of tackling this problem. A preliminary analysis of the replies received indicates that stakeholders recognise the unsatisfactory present situation on collective redress in the Member States. There is consensus about the necessity of further action to achieve effective redress for consumers and thereby restore their confidence in the market.
Consumer organisations favour binding measures for a collective redress judicial scheme in all Member States in combination with other options, such as the extension of existing alternative dispute resolution (ADR) mechanisms to collective claims. Business would favour ADR mechanisms.
In a few weeks’ time, once we have properly analysed all the responses, we will publish the replies, together with a statement on the feedback we received, and before the summer we will outline the different ways of addressing the problem of mass claims. This will not simply be a repetition of the four options in the green paper. Our thinking is developing further in the light of the responses to the green paper consultation. Based on the outcome of all the consultations, the Commission will carefully examine the economic and social impact on stakeholders, including the costs and benefits generated by the possible options. On 29 May we will hold a hearing to share our preliminary conclusions with stakeholders.
Let me stress that, whatever route we take, we will not go down the path of the US experience. Instead, we will follow our European legal cultures and take into account the existing experiences of Member States. Once the options become clear, the European Parliament, Member States and stakeholders will be convinced, as I am, that not only is there a problem but also that an effective solution must, and can, be found at European level.
Why should reputable businesses suffer at the hands of unfair competitors who profit when consumers are not compensated? And I stress ‘compensated’. This is the very nature of redress that we are aspiring to. Why should consumers give up their legitimate expectations of compensation, and why should society put up with the welfare and justice gap?
I am confident that we will find a solution that strikes the right balance between improving consumer access to redress and avoiding unfounded claims. Effective redress will boost consumers’ confidence in the internal market and in what Europe can do for them. This is particularly important in the harsh reality of today’s economic and financial crisis. As you know, the coming months will be marked by many institutional changes, and this may influence the timing and the delivery of our work on collective redress."@en1
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