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Independent Pieces

No 1 (2018): Age

Die Sammelklage erobert Europa – zieht die Schweiz mit? Eine Analyse des bestehenden kollektiven Rechtsschutzes in der Schweiz

  • Natalie Lisik
  • Alexander Kistler
Submitted
April 18, 2019
Published
April 18, 2019

Abstract

While there are class actions as collective redress mechanisms in the USA as well as in various EU Member States, Switzerland has deliberately refrained from implementing a US-type class action during the creation of the Swiss Code of Civil Procedure (CCP). In recent years, however, this negative attitude towards collective redress has undergone a change. For this reason, the Federal Council analyzed in 2013 the existing collective redress mechanisms in Switzerland and published a report, in which it identified legal protection deficits. Based upon this report the Federal Council issued on 2 March 2018 a preliminary draft for a selective amendment of the CCP. This article shows that the adaptation of Swiss Civil Procedural Law to strengthen collective redress would be desirable and presents therefore possible alternatives.