CMS European Class Actions Report 2023

Welcome to the 2023 CMS European Class Action Report, the only study to analyse data from class action proceedings across Europe and to map a true picture of class action risk.

Class action risk in Europe continues to increase, driven by new class action procedures, the growth in litigation funding, a more active plaintiff bar – including more U.S. firms setting up in Europe, and the use of new technologies and techniques to facilitate large groups of claimants. Data in the report shows a relentless rise in class actions being filed in Europe: 55 in 2018; 72 in 2019; 119 in 2020; 120 in 2021 and 121 in 2022.  With the Representative Action Direction now being implemented in the Member States, we expect these numbers to further increase in the years ahead.

The key findings of the 2023 Report are:

• Europe and the UK continue to see record-high numbers of class actions, with 121 claims filed in 2022, up from 55 in 2018
• With the RAD's adoption in EU states, Europe expects a surge in consumer legal actions
• There is no “safe” sector i.e., whether financial products and professional services, tech or consumer products and life sciences, all sectors are affected
• In the UK alone, we identified issued class actions seeking collectively in excess of €120bn
• UK, the Netherlands, Germany, and Portugal experience the most class actions (76%)
• The countries with the steepest growth in class actions are Germany, Slovenia, and Portugal
• Three key claim types: Financial Products/Securities (31%), Competition (26%), Products Liability (24%)

Features of the 2023 Report:

• Quantum: This year, for the first time, we have collected data on the claimed quantum in issued claims, initially focussing on the UK and the Netherlands.
• Risk map: Class action risk in Europe is unevenly distributed between jurisdictions. Our risk map gives an ‘at a glance’ picture of the current class action risk across the continent.
• Country spotlights:  Besides the UK, Germany, the Netherlands, and Portugal country spotlights, you can read about developments of individual EU countries regarding their class action procedures at different rates.
• RAD implementation table: Highlights key procedural features that significantly impact risk, and how those features are addressed in the implemented or draft law for each member state.
• Future risks:
  • Class claimants
  • Litigation Funding
  • Digital Services Act: Key Takeaways