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Group Actions in East-Nordic Legal Culture
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0002-2171-6580
2021 (English)In: Class Actions in Europe: Holy Grail or a Wrong Trail? / [ed] Alan Uzelac; Stefaan Voet, Springer, 2021, p. 177-199Chapter in book (Refereed)
Abstract [en]

In Sweden, a system of group actions has been in force since 2003. The original aim was to see about 20 such actions a year. In actual fact, in the 17 years of the existence of the system, 21 group action cases have been initiated, a number of which ended successfully for the plaintiffs. In Finland, only a public group action is allowed by the Group Action Act and the only authority that can bring the action is the Consumer Ombudsman. Up to the present time, there have been no group actions filed in Finland, even though the Act has been in force since late 2007. This cautious start was made in order to guarantee safeguards against the abuse of the group action system and to reach consensus to accept group actions in the country. Thus, so far East-Nordic (ie Swedish and Finnish) group actions have not been very successful. This has led to discussions in both countries as to the reasons why. In Sweden, discussions examine how to make the group action procedure more effective in the future. In Finland, discussions explore the scope of group actions and the possibilities to make them broader. However, those who are opposed to the group action system per se and its widening repeat the argument that the American way of litigation brings risks and does not fit well into Nordic legal culture. This argument was already common at the time the group action system was adopted in Sweden and in Finland as well. Does, in fact, this argument hold true? Or, can group actions actually correspond with East-Nordic culture? This contribution explores—and offers answers—to these questions.

Place, publisher, year, edition, pages
Springer, 2021. p. 177-199
Series
Ius Gentium: Comparative Perspectives on Law and Justice, ISSN 1534-6781, E-ISSN 2214-9902 ; 89
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:oru:diva-92670DOI: 10.1007/978-3-030-73036-9_8ISBN: 9783030730352 (print)ISBN: 9783030730369 (electronic)OAI: oai:DiVA.org:oru-92670DiVA, id: diva2:1573406
Available from: 2021-06-24 Created: 2021-06-24 Last updated: 2021-08-02Bibliographically approved

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Ervo, Laura

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CiteExportLink to record
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Citation style
  • apa
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