Further Clarifications Required: Legal Committee Delays Decision on Class Action Lawsuit Again

class=”sc-29f61514-0 jbwksb”>

The fears of proponents of the class action lawsuit have come true: The National Council Legal Commission (RK-N) pushed the issue further to the long bench in its meeting on Monday. At least for now.

The members of the Commission approved two further requests for investigation. The administration is thus again tasked with making further additional clarifications for the decisive debate.

It will be months before the decision to join is taken

It is believed that these clarifications will take another four to six months. The RK-N must therefore vote no later than early 2024 on whether or not the proposal will take place. Whatever the final decision will be, it’s probably close.

“Pure delaying tactics”, consumer protection criticized in a press release on Tuesday. The Legal Committee of the National Council has been working on the bill for more than a year and a half. This is despite the fact that the two detailed reports ordered in June 2022 are now available. “The members of the commission must finally take their responsibility in the context of the rule of law and act on the proposal,” said consumer protection.

The left sees urgent need for action

A year ago, the National Law Commission decided not to follow up on the Federal Council’s filing for a class action. Much to the chagrin of the left.

They see an urgent need for action. They criticize that if someone wants to take legal action today, in most cases this means a great financial and personal effort for the complainant.

In fact, even if it concerns thousands, today only in Switzerland can you sue a company as a private individual. This is evident, for example, from the VW diesel scandal. Or currently the case of 200 retired employees of the nuclear power plant Gösgen SO who are fighting against its largest shareholder Alpiq. Your pension supplements have been reduced by three to four figures – per month.

Collection funds are controversial

Because unlike in other European countries, you must litigate alone in Switzerland, even if there are several victims. Many would therefore refrain from enforcing their rights, says Sophie Michaud Gigon (48), Vaud Greens National Councilor and head of consumer protection in Western Switzerland, Blick.

The introduction of class action lawsuits has been a topic in parliament for years – albeit a highly controversial one. The reason for the change on today’s agenda was an initiative of SP alderman Prisca Birrer-Heimo (64), who was chair of the Consumer Protection Foundation until last year. The Federal Council agreed that action was needed.

The majority of civil and industrial associations, on the other hand, are opposed to an association being able to claim the rights of many injured parties at the same time. They fear an Americanization of the Swiss legal system. There is also a “huge potential for abuse”. And they criticize that the template is “completely outdated after almost a decade”. (Okay)

Source:Blick