- November 03, 2026
- 09:00
- -
- November 03, 2026
- 10:30
Hollywood loves the David-and-Goliath story: the individual taking on a powerful corporation, armed with little more than determination and the promise that justice will prevail. In real life, however, the picture is far more complicated.
Who should bear the cost of bringing complex claims to court? How much support should consumers receive when challenging powerful market actors? And when does greater access to justice begin to create new risks – for companies, innovation, and Europe’s competitiveness?
Europe’s civil justice landscape is entering a new phase. Revised product liability rules, the expansion of collective redress, and the growing role of third-party litigation funding are reshaping how claims are brought, financed, and decided across Europe.
The debate touches on a fundamental question for Europe: How can strong consumer protection and effective access to justice be reconciled with legal certainty, proportionality, innovation, and competitiveness?
The balance is not easy to strike. Complex products and technologies can make it harder for consumers to establish liability. Collective actions can strengthen access to justice, but may also increase litigation risks for companies. Third-party funding can enable claims that might otherwise never reach the courts, while raising questions about transparency, incentives, and oversight.
As EU member states implement the revised Product Liability Directive and gain experience with the European framework for collective redress, these tensions are becoming increasingly concrete. Choices made today will shape not only courtrooms, but also investment decisions, insurance markets, innovation incentives, and Europe’s attractiveness as a place to do business.
Against this backdrop, the Aspen Institute Germany will convene a roundtable bringing together policy makers, legal experts, business leaders, and civil society to explore where Europe should draw the line between access to justice and proportionate liability.
The discussion will focus on three interconnected questions:
Product liability: How are new European rules changing the allocation of risk and the burden of proof between consumers and companies?
Collective redress: How can Europe enable legitimate collective claims while maintaining effective safeguards against misuse and disproportionate litigation?
Litigation funding: What role should third-party funders play in Europe’s justice system, and where are greater transparency and common standards needed?
Germany will be an important part of this debate. What lessons can be drawn from its experience with collective actions? Where are gaps in the current framework becoming visible? And what role should Germany play in shaping the next phase of European policy?
The roundtable will look beyond individual legal instruments to the broader question they raise: What should a fair, effective, and competitive European liability system look like?
