Consumer Organisations Engage with ELI Principles on Third-Party Funding of Litigation
News
Mapping Study TPLF in Europe
The European Commission has released the Mapping Study on Third Party Litigation Funding (TPLF) in the European Union. This comprehensive study provides a detailed
analysis of legislation, practices, and stakeholder perspectives across the EU and in selected third countries.
Over the past years, third party litigation funding has become one of the most debated topics in European civil justice. The EU Representative Actions Directive - requiring Member States to establish collective action mechanisms for EU consumer cases - has intensified this discussion. Collective actions to obtain damages often involve significant expenses and procedural risks. In the absence of other suitable funding mechanisms, TPLF has gained prominence as a means to support such claims.
This trend was also reflected in extensive research, reported earlier on this website, carried out at the request of the Dutch Ministry of Justice on the WAMCA (the Dutch Act on Collective Damages Claims), which highlighted the growing reliance on third party funding in the Netherlands.
In September 2022, the European Parliament adopted a Resolution on Responsible Private Funding of Litigation, urging the European Commission to consider stricter regulation of TPLF. In response, the Commission commissioned this in-depth Mapping Study, which analyses existing legal frameworks, practical experiences, and the divergent approaches among Member States.
From our research group, Jos Hoevenaars acted as national co-reporter, and Xandra Kramer contributed as a member of the advisory board. The findings of this study will play a key role in shaping the future policy debate on TPLF regulation in the EU.
Published: November 12, 2024
On 12 November 2024, Adriani Dori and Susanne Augenhofer presented the European Law Institute (ELI) Principles Governing Third Party Funding of Litigation during an online meeting organised by The European Consumer Organisation (BEUC). Published in October 2024, the ELI Principles (available here) offer a comprehensive framework for the operation of third-party funding in litigation.
Susanne Augenhofer, one of the two reporters behind the ELI Principles, and Adriani Dori, a research assistant involved in their preparation, provided an in-depth overview of the Principles’ rationale, objectives, and development process. Their presentation highlighted the potential impact of these guidelines on litigation funding practices, access to justice, and the effective enforcement of consumer rights, particularly in the context of the implementation of the Representative Actions Directive.
The interactive session included a lively Q&A segment, with BEUC officials and representatives from national consumer associations offering valuable insights. The discussion underscored the practical relevance of the ELI Principles for policymakers and practitioners, as well as their alignment with the VICI research project’s goal of advancing actionable solutions for stakeholders.