At the end of last year, more precisely on 19 December 2023, the Romanian Parliament adopted Law no. 414/2023, which establishes the legal framework for the conduct of representative actions in support of the collective interests of consumers, in order to ensure a high level of consumer protection and the proper functioning of the internal market of the European Union.
The new law provides for the following, inter alia:
- the procedural mechanism allowing qualified entities to bring representative actions for the protection of the collective interests of consumers with the purpose of obtaining an injunction, a remedy or both.
- the qualified entity acquires the status of plaintiff on behalf of consumers and is free to choose any procedural means at its disposal with which to protect the collective interests of consumers.
- the designated qualified entity may bring a representative action before national courts.
- the representative action shall be tried under common law.
- the decision of the court of first instance is subject to appeal, and the decision of an appeal may also be appealed against, in accordance with the law, which suspends enforcement.
Source: Law no. 414/2023 on the conduct of representative actions for the protection of the collective interest of consumers
Legal Newsletter January
