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Reflections on the Commission Communication on Collective Redress
In June 2013 the European Commission published its collective redress reform package via a Communication to the European Union (EU) Member States, a non-binding Recommendation containing common reform proposals contained in the first two documents are likely to secure the European Commission's aim of bringing procedural coherence to the EU's and Member States' approach to collective redress and to do so as a matter of urgency. It is argued that the reform package is unlikely to secure effective reform in the short term or produce coherence in respect of either the scope or nature of such measures. The article then looks at a number of potential reform options that the European Commission could take when it looks at this issue, and the Member States' responses to its reform package, in 2017. It considers whether successful reform in 2017 will require further study by the Commission, a specific collective redress directive or regulation, or whether the optimum approach might be to introduce reform via an optional instrument akin to that set out in the Commission's Proposal for a Common European Sales Law.