CMS European Class Action Report 2024

Analysing data from class action proceedings across Europe from the past five years, the report maps a true picture of class action risk for international businesses.

Now in its fourth year, the CMS European Class Action Report 2024 shows further growth in the overall number of class actions, and with it, increased quantum.

However, this apparently familiar trend disguises significant structural changes in the group litigation landscape. With the Representative Actions Directive (RAD) now being implemented across the EU, we anticipate yet further increases in the years to come.

The key findings of the 2024 Report are:

• Continued growth in the number of claims across Europe, with 133 claims filed in 2023.
• The UK, the Netherlands, Germany and Portugal comprise 78% of all European class actions between them, a 2% increase compared to the prior report.
• There remains no entirely “safe” sector, although we saw the largest number of claims yet against tech companies and defendants in consumer products, there is a consistent growth trend in group litigation across all significant defendant sectors.
• For the first time, the overall number of new “opt-out” class actions appeared to exceed the new “opt-in” class actions, driven in large by the cumulative changes in the Netherlands and Portugal.
• The UK continues to see the highest figures, with claimed quantum now exceeding €145bn.
• UK competition class actions encompassed over 500 million class members filed at the end of 2023

Features of the 2024 Report:

• Quantum: This year, we have collected and analysed significant quantities of quantum data from Portugal, in addition to reporting on the UK and 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:  We focus on the UK, the Netherlands and Portugal, where the risk remains high, as well as summarising the growing regime in Scotland.  Our authors also provide a European-wide perspective on the Representative Actions Directive.
• Future risks:
  • Funding of group claims: A middle way
  • NGO litigation
  • The EU Product Liability Directive (PLD)