Legal Literature

Unfair Contract Terms Directive, Article 7, 1. Unfair Contract Terms Directive, Article 7, 2.

This paper analyses the legal provisions by comparing them with the American and Brazilian class action and with the model proposed by the European Commission. Aspects such as the standing, the object of the action and the res judicata effect are examined in order to underline the differences and similarities and to point out the shortcomings of the national regulation.
The article presents in detail the notion of class action (history, background, applicability) and emphasizes the similarities and differences between class action and the action regulated in art. 12 and 13 from Law 193/2000 on unfair terms in consumer contracts (which transpose the provisions of articles 7 (1) and 7(1) of Directive 93/13/EEC). In addition, the article presents an in-depth analysis of the abovementioned articles with respect to the natural persons or legal entities entitled to introduce such action to the competent courts, the options used in the determination of the members of the class actions (opt-in, opt-out or no opt-out systems) and the erga omnes effects of the judgment issued by the competent court (the effects for the consumers, the effects for the plaintiff).