At its meeting today, the National Council decided by a clear majority not to vote in favour of the class action bill, thereby following the proposal of its committee. SwissHoldings welcomes this decision, which ensures legal certainty and continuity. The implications of the bill for Switzerland as a business location, our understanding of the law and our litigation culture are immense and can hardly be overestimated. It is now up to the Council of States to stand up for our business location and not vote in favour of the bill as the second chamber.
The bill to amend the Code of Civil Procedure envisages extending the existing representative action for the assertion of violations of personality rights to all violations of the law. In addition, a new collective action is to be introduced to enable the collective enforcement of claims for damages or disgorgement of profits in the event of mass or scattered damages. Well meant is not well done. A look abroad shows that there are no “class actions light”. On the contrary, the introduction of such instruments favours an expansion of the professional litigation industry and thus high risks of abuse. The National Council has recognised this and is relying on tried and tested solutions. It therefore rejected the bill by 112 votes to 74 with 4 abstentions.
Preserving Swiss legal culture
Switzerland has a high-quality legal system. Under current law, those affected by mass or scattered damage can already assert their claims for compensation, even for minor damage. Current technological developments, particularly in the field of artificial intelligence, will further expand these possibilities. SwissHoldings is appealing to the Council of States not to vote in favour of the bill either.
Contact
Denise Laufer | Head of Economics & Member of the Executive Committee | +41 (0)76 407 02 48
