Mass Harm in Europe: Compensation and Civil Procedures

Abstract

This book comprises an in-depth and broad comparative law study on the meaning of tort law in mass harm cases in Europe, examining this phenomenon in the context of 12 different case studies in 12 European jurisdictions: Belgium, England and Wales, France, Germany, Greece, Ireland, Italy, Poland, Slovenia, Spain and the Netherlands. To meet the objectives of this analysis, this book’s scope is not limited to an analysis of substantive tort law only, but also includes procedural law aspects and the shift of compensation beyond tort law. It marks a novelty in the common core tradition by mapping out procedural (im)possibilities of damages recovery in mass harm cases, thereby giving a clearer picture of what tort law can de facto mean in mass harm cases. Included are four general contributions that provide more context on the settlement of these types of mass harm cases. These contributions cover the role of the judge; mass harm from a law and economics perspective; alternative compensation schemes; and funding class actions. Overall, this book represents the first study to provide such a broad and comprehensive overview of what is likely to be the common core in the settlement of mass harm cases through private law in Europe.