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News 2025/11/17

EJF Members’ Meeting in Brussels, 6 November 2025

EJF members met in Brussels on 6 November 2025 for the second Members’ Meeting of the year, kindly hosted by Jones Day.

Opening the meeting, Chair Simon Neill announced an upcoming leadership transition at EJF, with Ekkart Kaske stepping down in January 2026 after eight and a half years as Executive Director. Members warmly thanked him for his commitment and achievements during a period of rapid change for the organisation, including the transposition of RAD and the COVID-19 pandemic.

The presentations began with an overview of EJF’s recent advocacy and policy engagement, focusing on Third-Party Litigation Funding (TPLF), product liability, and forthcoming digital regulation. Looking ahead, the 2026 Commission Work Programme and the upcoming Cypriot Council Presidency are expected to keep competitiveness and simplification high on the EU agenda, creating continued opportunities for EJF engagement.

On this policy basis, members discussed the need for greater coherence in Europe’s civil justice systems. Developing a horizontal framework for civil liability, built around common principles, could help reduce fragmentation and strengthen consistency across legislative initiatives.

The implementation of the Product Liability Directive (PLD) was another key focus. While transposition is advancing, progress remains uneven, with diverging national approaches to non-material damage and disclosure rules.

Members also exchanged views on insights from the recent ECIPE study, supported by EJF, titled “Mass Litigation and the Future of Litigation Funding in Ireland and Europe”. Using Ireland as a case study, the research shows how collective actions and TPLF are expanding across Europe, exposing innovative companies to increased costs and uncertainty. These findings reinforce the need for EU-wide rules on TPLF to ensure transparency, judicial oversight, and proportionality.

Broader updates touched on ongoing files such as the Corporate Sustainability Due Diligence Directive (CS3D), the upcoming Digital Fairness Act, and the reviews of Brussels I (Recast) and GDPR collective redress.

The meeting concluded with a shared commitment to advancing EJF’s work on competitiveness, legal coherence, and balanced reform of Europe’s civil justice systems. Members expressed appreciation for continued cross-sector collaboration and extended warm thanks to Ekkart for his leadership and lasting contribution to EJF’s mission.

News 2025/11/28

A new chapter begins for EJF, welcome Agata!

Agata Boutanos became CEO of the European Justice Forum with effect of 1st December 2025.

Agata specializes in strategic communication towards the European environment.  Over the course of sixteen years she has been involved in determining the impact of policies on business activities and translating the needs of market entities into effective communication campaigns.

Prior to joining the EJF, she has started and led Brussels based offices of Union of Entrepreneurs and Employers and European Enterprise Alliance, as well as built first Public Affairs team in Poland and Europe for Tauron Polska Energia (TPE), to later become the company’s representative in Brussels as Head of International and Government Affairs. Since 2008, Agata has worked with EU institutions and in the private sector and co-designed EU decision making trainings since 2016. Agata held various strategic communication roles in CEC Government Relations, where she led the Energy and Environment practice, served EMEA Region as a Energy Partner of the Polish Economic Congress Foundation at the Employers of Poland, and at Dow Corning as European Government Affairs Associate in Brussels.

News 2025/10/16

EJF commissions landmark ECIPE study on the Economic Impact of Mass Litigation and Third-Party Funding in Ireland

The European Justice Forum has commissioned a major new study by the Brussels-based think tank ECIPE – the European Centre for International Political Economy – analysing the growing economic and policy implications of mass litigation and third-party litigation funding (TPLF) in Ireland.

The report, published today, ‘Mass Litigation and the Future of Litigation Funding in Ireland and Europe’, provides the first empirical assessment of how large-scale, investor-driven legal actions could affect Ireland’s economy, competitiveness, and innovation. It highlights potential annual costs of between €1.2 and €3.6 billion and calls for clear, proportionate regulation to ensure that access to justice is not distorted into a commercial investment product.

EJF commissioned the report to support an evidence-based dialogue on how collective redress and litigation funding can be managed transparently and fairly - protecting consumers, businesses, and the broader economy alike.

EJF believes that a balanced and transparent civil justice system is essential to Europe’s competitiveness and welcomes the study as an important contribution to that debate.

Access the full report below and read our LinkedIn post here.

News 2025/10/14

Ensuring coherence between the Product Liability Directive (PLD) and EU digital legislation

As the EU advances its Digital Package initiative to simplify and align digital regulation, EJF released a paper outlining how the Product Liability Directive (PLD) can be better integrated into the EU’s wider digital framework. The objective is to improve legal coherence, reduce administrative duplication, and maintain effective consumer protection.

The revised PLD already functions as a digital law, extending liability to software, AI, and connected services. However, it has evolved separately from other EU digital legislation, creating overlapping obligations and inconsistencies.

EJF has identified key provisions where targeted clarifications and guidance could improve predictability and legal certainty across digital laws:

  • Evidence disclosure (Article 9): Link PLD disclosure obligations to existing EU compliance repositories (“provide once, use many times”) to avoid duplication;
  • Presumptions of defect and causation (Article 10): Ensure compliance with EU safety and digital regulation can rebut presumptions of defect or causation, providing greater legal certainty for businesses;
  • Consistent terminology: Harmonise definitions of “product” and “service” across digital legislation, to avoid litigation risks and enhance consistency;
  • Expiry period (Article 17): Clarify the application of the 25-year limitation period to digital products, to maintain proportionality and avoid unintended costs and barriers to innovation;
  • Consistent national implementation: Promote coherence across Member States’ interpretation by issuing harmonised interpretative guidance or clarifying recitals through this initiative to prevent fragmentation and forum shopping.

The Digital Fitness Check offers a chance to assess the overall coherence and impact of EU digital legislation. EJF’s recommendations call for integrating the PLD into this process to help the Commission identify overlaps, clarify evidentiary links, and ensure liability rules evolve consistently with other digital acts, creating a more balanced and innovation-friendly framework for consumers and businesses alike.

Access the full paper here.

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EJF, a Brussels based non-for profit organization, leads and promotes an open dialogue on collective redress and effective dispute resolution mechanisms while contributing to the EU decision-making process by engaging regularly with the EU Institutions and other relevant stakeholders.

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  • Glossary
  • Search
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  • Mission
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    • Code of Conduct
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EJF, a Brussels based non-for profit organization, leads and promotes an open dialogue on collective redress and effective dispute resolution mechanisms while contributing to the EU decision-making process by engaging regularly with the EU Institutions and other relevant stakeholders.

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