NOT FOR PUBLICATION
Moreover, in UniCredit’s opinion, a better coordination between existingnational systems – in the way specified further in the replies to questions n. 13and 15- could permit a speedy solution of disputes by reducing burdens anduncertainties for operators. This would enforce EU law and would make theEuropean market more competitive and dynamic.
Q 2 Should private collective redress be independent of, complementaryto, or subsidiary to enforcement by public bodies? Is there need forcoordination between private collective redress and publicenforcement? If yes, how can this coordination be achieved? In yourview, are there examples in the Member States or in third countries thatyou consider particularly instructive for any possible EU initiative?
UniCredit believes that private collective redress cannot in any case limit theguarantees that the public enforcement ensures to individuals for theprotection of their rights. Therefore the two tools should be complementary toone another. A coordination among the two tools should be ensured atnational level in compliance with the specific legal traditions and civilproceedings law of each country.
Q 3 Should the EU strengthen the role of national public bodies and/orprivate representative organisations in the enforcement of EU law? If so,how and in which areas should this be done?
No further strengthening is needed in areas such as Antitrust and Consumerprotection laws, where national public bodies and private representativeorganizations are already given a significant role in the enforcement of EUlaw. Countries that have not introduced collective redress mechanisms, shouldstrengthen the role of the private representative organizations according to thegeneral principles that UniCredit believes the Commission should set out inthis regard.
Q 4 What in your opinion is required for an action at European level oncollective redress (injunctive and/or compensatory) to conform with theprinciples of EU law, e.g. those of subsidiarity, proportionality andeffectiveness? Would your answer vary depending on the area in whichaction is taken?
As already stated, UniCredit considers that the EU should only establishgeneral and non binding principles, according to the EU fundamentalsubsidiarity and proportionality principles, with the aim to ensure an effectivesystem of collective redress tailored on national legal traditions and systems.UniCredit agrees with the European Commission on the following principles tobe applied to all forms of collective redress:(1) the need for effectiveness and efficiency of redress;(2) the importance of information and of the role of representative bodies;(3) the need to take account of collective consensual resolution as a means ofalternative dispute resolution;(4) the need for strong safeguards to avoid abusive litigation.