Keßler, J.Effectively enforcing consumer rights – Approaches to strengthen the collective redress mechanism

Recommended reading

Jürgen Keßler

Release date:
January 2016

Friedrich Ebert Foundation, Department for Economic and Social Policy

Excessive banking fees, unlawful increases of energy prices, manipulated emissions and consumption values of vehicles - on a day-to-day basis consumers are confronted with damage cases, that are hard to enforce legally. The expert's report at hand presents respective reasons, takes a look at innovative instruments for law enforcement in other countries and offers concrete advice for how legal enforcement can be improved for consumers in Germany.

The following essential proposals are being discussed:

  • the introduction of an opt-in class-action-suit for compensatory damages
  • supervisory authorities (anti-trust commissions, German Financial Supervisory Authority (Bafin), federal network agency) are to demand reimbursement for illegally obtained advantages
  • to facilitate the skimming of excess profits from unlawful earnings of minor or low-value damages
  • a profit transfer to special funds with the specific purpose to serve the financing of consumer protection
  • to additionally finance special funds by supplying a certain share of cartel fines

Link to publication