KONCEPT KOLEKTIVNE ZAŠTITE POTROŠAČA – put kojim se ređe ide
THE CONCEPT OF COLLECTIVE CONSUMER PROTECTION: THE ROAD LESS TAKEN

Summary/Abstract: In addressing the problem of collective consumer protection, it is essential to determine the entities that the concept refers to, define the consumers’ collective interest and thereupon proceed with the collective redress procedure. Considering the diverse aspects of consumers’ identity, it is rather difficult to discern their collective interests and designate a single entity to represent a variety of individual interests. The problem of recognizing the concept of collective redress primarily stems from the inadequate conceptual framework concerning the protection of collective interests. In cases where the claimant seeking redress is a consumer association, the judicial practice has always had difficulty in differentiating the interests of the association as a whole from those which may be interpreted as individual interests. The practical implications of failing to discern between the legal interest and the procedural legitimacy may give rise to ample problems in the application of collective protection. The crucial problems may be observed in the application of the collective redress mechanism, the lack of consumer awareness of being entitled to use this protection mechanism, extremely high procedure costs, the length and complexity of court proceedings, the insufficient experience of judges to deal with cases involving this subject matter, the lack of uniform regulation and a huge discrepancy between the national rules regulating this issue in the EU Member States, the language barriers and costs in cases involving crossborder compensation claims.

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