Transparency control in collective actions: objective or subjective?

Abstract

Through the ATS of 29 June 2022, two key preliminary questions were raised: the applicability of the transparency control in collective actions and the possibility of applying the average consumer criterion in collective actions involving various types of consumers. The CJEU addressed these questions in its Judgment of 4 July 2024. This article analyses both decisions and examines the possibility of moving towards a more subjective conception of transparency control.