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Albania

Class actions in Albania

Table of contents
  1.  Do you have a specific procedure or procedures for bringing “opt-in” class actions?  If so, please outline such procedure(s) and their key features.
  2. Do you have a specific procedure or procedures for bringing “opt-out” class actions?  If so, please outline such procedure(s) and their key features.
  3. Are there specific rules on standing for bringing claims under these procedures (e.g., that claims can only be brought by consumer associations)?  If so, please summarise those rules.
  4. How frequently are class actions brought in your jurisdiction? Are there any pending changes to your class action rules that are likely to increase the number of claims filed?
  5. Are the procedures for class actions restricted only to certain causes of action/types of claim, e.g., competition claims?  If so, please describe these restrictions.
  6. What types of relief are available, i.e., damages and/or injunctive relief? 
  7. On what basis are damages calculated i.e., compensatory and/or some other basis?
  8. Are punitive or exemplary damages recoverable?
  9. Will domestic law need to be changed to comply with the Representative Action Directive?
  10. Are there special rules for settlement of class actions, e.g., requirement for court approval?
  11. Beyond the existing rules for taking jurisdiction in unitary claims, are there any additional rules on jurisdiction for your class action procedures?  Are there any territorial limitations to who may be members of the class?
  12.  Please describe the “certification” requirements for each of your jurisdiction’s class action procedures, e.g., how similar must the claims be?  Are there any other criteria to be met for the court to approve use of the procedure?
  13. Do you have specialist courts for these procedures?
  14. Are there any special rules for discovery/disclosure for class action procedures that are different to the rules for unitary actions?
  15. Are there any special rules for appeals in class action procedures that are different to the rules for unitary actions?
  16. Can arbitration clauses lawfully contain class action waivers?
  17. Are contingency fee agreements permissible?
  18. What are the rules on cost shifting, i.e., does the losing party ordinarily have to pay the winning party’s costs?  Are adverse costs awards capped?  If so, at what level(s)?
  19. Is litigation funding of class actions permissible?  If so, how prevalent is litigation funding?
Albania
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See the Overview of the Representative Actions Directive >>

1. Do you have a specific procedure or procedures for bringing “opt-in” class actions?  If so, please outline such procedure(s) and their key features.

There is no specific procedure.

2. Do you have a specific procedure or procedures for bringing “opt-out” class actions?  If so, please outline such procedure(s) and their key features.

There is no specific procedure.

3. Are there specific rules on standing for bringing claims under these procedures (e.g., that claims can only be brought by consumer associations)?  If so, please summarise those rules.

Albanian law does not recognise class actions. Law No. 9902, dated 17.4.2008 on consumer protection (the “Consumer Protection Law”) provides that consumers have the right - on a voluntary basis - to establish independent consumer associations to vindicate their interests. against traders.

4. How frequently are class actions brought in your jurisdiction? Are there any pending changes to your class action rules that are likely to increase the number of claims filed?

Class action claims are not recognised in Albanian law. 

5. Are the procedures for class actions restricted only to certain causes of action/types of claim, e.g., competition claims?  If so, please describe these restrictions.

The procedures are limited to consumer protection for the quality and safety of goods and services in the market.

6. What types of relief are available, i.e., damages and/or injunctive relief? 

The consumer has the right:

  1. to a repair or replacement of the goods free of charge;
  2. to obtain a proportional price reduction, or
  3. to terminate the contract. 
  4. alternative reward such as financial compensation can also be provided.

7. On what basis are damages calculated i.e., compensatory and/or some other basis?

Compensatory basis. 

8. Are punitive or exemplary damages recoverable?

Exemplary damages can be recoverable in suitable circumstances. 

9. Will domestic law need to be changed to comply with the Representative Action Directive?

N/A. Albania is currently not an EU Member State.

10. Are there special rules for settlement of class actions, e.g., requirement for court approval?

There are no special rules for the settlement of claims brought under the opt-in mechanisms or for Representative Actions.

11. Beyond the existing rules for taking jurisdiction in unitary claims, are there any additional rules on jurisdiction for your class action procedures?  Are there any territorial limitations to who may be members of the class?

There are no specific rules.

12. Please describe the “certification” requirements for each of your jurisdiction’s class action procedures, e.g., how similar must the claims be?  Are there any other criteria to be met for the court to approve use of the procedure?

There are not certification requirements, it is treated as a simple lawsuit. 

13. Do you have specialist courts for these procedures?

No.

14. Are there any special rules for discovery/disclosure for class action procedures that are different to the rules for unitary actions?

There are no special rules which apply to class actions.

15. Are there any special rules for appeals in class action procedures that are different to the rules for unitary actions?

There are no special rules.

16. Can arbitration clauses lawfully contain class action waivers?

N/A

17. Are contingency fee agreements permissible?

N/A

18. What are the rules on cost shifting, i.e., does the losing party ordinarily have to pay the winning party’s costs?  Are adverse costs awards capped?  If so, at what level(s)?

Under Albanian law the losing party pays the costs of the winning party. There are no specific rules regarding class actions. 

19. Is litigation funding of class actions permissible?  If so, how prevalent is litigation funding?

N/A

See the Overview of the Representative Actions Directive >>

For more information on European Class Actions, please download our annual report: 

Attachment
European Class Action Report 2023
Download
PDF 5.9 MB

Authors

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Portrait ofMerseda Aliaj
Merseda Aliaj
Associate
Tirana
Portrait ofMirko Daidone
Mirko Daidone
Managing Partner
Tirana