The Protection of Consumers' Interests After the Implementation of the EC Injunctions Directive Into German and English Law

This article briefly outlines the development of EC law on litigation by consumer associations (Part A) and then analyses German and U.K. law, highlighting the recent law reforms instigated by the adoption of Directive 98/27/EC on injunctions for the protection of consumers' interests (Parts B and C). The article argues that the traditionally divergent approaches in Germany and the U.K. are continued and reveals differences both in the details of the relevant regulations and in the general role consumer groups will be able to play in protecting the collective interests of consumers. It is demonstrated that the reluctance of the U.K. approach is neither in line with the intentions of the EC nor justified in the light of the German experience. The article concludes with proposals for the U.K. law reform and argues that a less restrictive, or maybe revolutionary, approach should be followed by the U.K. legislator (Part D).