Home / All CMS Expert Guides / CMS Expert Guide to European class actions /
Serbia

Class actions in Serbia

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. Please refer to the answer number 1.
  5. 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?
  6. 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.
  7. What types of relief are available, i.e., damages and/or injunctive relief? 
  8. On what basis are damages calculated i.e., compensatory and/or some other basis?
  9. Are punitive or exemplary damages recoverable?
  10. Will domestic law need to be changed to comply with the Representative Action Directive?
  11. Are there special rules for settlement of class actions, e.g., requirement for court approval?
  12. 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?
  13.  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?
  14. Do you have specialist courts for these procedures?
  15. Are there any special rules for discovery/disclosure for class action procedures that are different to the rules for unitary actions?
  16. Are there any special rules for appeals in class action procedures that are different to the rules for unitary actions?
  17. Can arbitration clauses lawfully contain class action waivers?
  18. Are contingency fee agreements permissible?
  19. 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)?
  20. Is litigation funding of class actions permissible?  If so, how prevalent is litigation funding?
Serbia
Add jurisdiction
Choose a jurisdiction to compare with
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.

Although there is a possibility that more than one person is in a position of a claimant and/or respondent, provided that conditions set forth in the applicable law are met, class actions per se are not permitted in Serbia.

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.

Please refer to the answer number 1.

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.

Please refer to the answer number 1.

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?

Please refer to the answer number 1.

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.

Please refer to the answer number 1.

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

Please refer to the answer number 1.

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

Please refer to the answer number 1.

8. Are punitive or exemplary damages recoverable?

Please refer to the answer number 1.

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

We expect that class actions will be addressed by the legislature in the near future and, given Serbia’s aspirations to join the EU, new legislation will likely be aligned with all the applicable EU acquis.

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

Please refer to the answer number 1.

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?

Please refer to the answer number 1.

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?

Please refer to the answer number 1.

13. Do you have specialist courts for these procedures?

Please refer to the answer number 1.

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

Please refer to the answer number 1.

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

Please refer to the answer number 1.

16. Can arbitration clauses lawfully contain class action waivers?

Provided that Serbian procedural law is to be applied, arbitration clauses should not contain any kind of reference to class actions as these are not permitted under the applicable law.

17. Are contingency fee agreements permissible?

Please refer to the answer number 1.

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)?

Please refer to the answer number 1.

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

Please refer to the answer number 1.

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

Show more Show less
Portrait ofRadivoje Petrikić
Radivoje Petrikić
Partner
Vienna
Portrait ofNedeljko Velisavljević
Nedeljko Velisavljević
CEE Partner I Belgrade
Belgrade
Portrait ofNenad Kovačević
Nenad Kovačević
Partner
Belgrade
Igor Đorđević