Ollie Crowe (Fianna Fail) | Oireachtas source

I understand there is a considerable amount of discretion in the implementation of the directive in a number of areas, for example, both our courts and authorities may reject proposed settlements on the grounds that they are not reasonable or unfair. It is also left to the discretion of the member states whether the relevant consumers may refuse to be bound by the settlement. Another example I would give would be the required degree of similarity of individual cases and the minimum number of consumers impacted by an action in order to be admitted as litigated in a representative action. As qualified entities have the capacity to undertake cross-border action, is it likely that a substantial number of collective claims will end up being taken in the same jurisdiction, by whichever jurisdiction would be most favourable? What are Ms McNamara’s thoughts on that?