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from Part III - Europe
Published online by Cambridge University Press: 29 January 2021
Swiss Law as well as the law of its neighboring, continental European countries originally didn’t know the procedural instrument of class actions. The reason for this absence compared to former Commonwealth states is twofold. First, Swiss doctrine has always placed the right to be individually heard and the protection of individual interests at the forefront. On the other hand, the procedural economic advantages of class actions were neglected. Second, the Swiss legislature, as many European Parliaments, was afraid of the disadvantages that class action lawsuits allegedly bring for the national economy and the legal system.
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