Directive on Representative Actions


Political discussion on European class actions has reached an agreement. The proposal for a Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC can be found here. Proposal’s main theme is introduction of European class actions aptly called representative actions. Representative actions allow consumers’ agent to apply for damages regarding a breach of consumers rights. While the extent of representative actions applicability is fairly wide, newly including data protections, telecommunications, financial services and other, the plaintiff will be limited to a qualified entity only, to mitigate the possibility of abuse. Qualified entity shall be a non-profit organization with transparent financing existing at least 12 months prior to the action. The proposal assumes a minimal harmonization regime and as such it will be interesting to monitor the member’s state approach.

Livesport TV’s acquisition of Kinobox


Masek, Koci, Aujezdsky led Livesport TV’s acquisition of Kinobox from famous film-maker Petr Vachler. Kinobox had been founded as a movie magazine of the Czech Television in the '90s and later transformed to web magazine that is visited by more than one million users every month. Livesport TV aims to carry on with the website and create a personalised database of audiovisual production that should make movie searching easier for its users. More information about the deal can be found here.

New Rules for Online Service Providers


EU Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services, adopted by the European Parliament and the Council, will come into direct effect in July 2020 and will bring some regulatory changes for online service providers. The Regulation aims to protect retail traders as they have less market power by implementing transparency obligations for search results and ranking. Especially worth mentioning is the new request for operators to state the main parameters governing the rankings of search results. Regrettably, some requirements seem too formalistic and might have very limited impact.

EU “Modernisation Directive” adopted


Directive (EU) 2019/2161 on the better enforcement and modernisation of Union consumer protection rules was adopted on 27 November 2019. The directive amends four existing directives, i.e. the unfair commercial practices directive (2005/29/EC), the consumer rights directive (2011/83/EU), the unfair contract terms directive (93/13/EEC) and the price indication directive (98/6/EC). Member states will have 24 months to take the measures necessary for its implementation. The full legislative text of the new directive can be found here.