Jurisdiction over cross-border collective redress in the EU employment context

Collective redress as a procedural instrument for the protection of collective interests is envisaged in the EU legislative framework mainly on consumer and antitrust law. The Commission, first, recommended common principles on procedural requirements aimed at harmonising national systems of collective redress to be applied in various sectors and, then, submitted a proposal on representative actions for consumer protection. However, collective redress may be also relevant in the employment context, where it is strictly linked to the right to take collective action, and the recognition of the locus standi. In this framework, cross-border situations are not sufficiently addressed and rarely the Court of Justice intervened on this issue. In the absence of any specific EU rules on jurisdiction over cross-border collective redress, the existing provisions of the Brussels I bis Regulation, and the special legislation concerning posted workers, should be applied, although adjustments may be required.