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[null,"Prepared By:","Contributors:"]
[null,"Divjak Topic Bahtijarevic & Krka Law Firm"]
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["Litigation Arbitration & Dispute Resolution EU Directive Actions Guide"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

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["Question","Croatia"]
["Representative Action Mechanisms"]
["Representative Action Mechanisms: Does a collective action mechanism already exists in your jurisdiction, and if so, is the Directive implemented as a part of or as a separate mechanism?","Croatia implemented a Directive via a new law which entered into force on 25 June 2023. The name of the law transposing the \nDirective (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing \nDirective 2009/22/EC (“\nDirective”) is the \nAct on Representative Actions for Protection of the Collective Interests of Consumers (“\nAct”), hence the only purpose of the said \nAct is to implement the \nDirective into the Croatian legal system.\nUntil the \nActentered into force, \nConsumer Protection Acts (as newly enforced and amended from time to time) and the \nCivil Procedure Act (\nOfficial Gazette No 53/91-114/22 (“\nCPA”) were applicable to collective actions.\n"]
["Claims which can be brought in a Representative Action"]
["Claims which can be brought in a Representative Action: Which claims can be brought? Which redress measures are available other than compensation?","In Croatia, plaintiffs are entitled to bring an action for: (i) declaratory reliefs that the defendant breached the listed laws; (ii) injunctive measures aimed at stopping the unlawful practice, and (iii) redress measures for compensation. Croatian legislators did not opt for means of redress measures other than compensation.\n"]
["Costs"]
["Costs: To what extent must the unsuccessful party pay the costs of the proceedings, must they pay all costs or only a part of them, and if so, which part?","The question of who bears the costs of litigation under the \nAct is governed by the Croatian Civil \nProcedure Act, which, in essence, proscribes that the unsuccessful party is liable for the costs of the winning party.\nThe \nDirective’s rules from \nArticle 12(2) and 12(3), according to which an individual consumer in action for redress measures shall not pay the costs of the proceedings except in case the costs were incurred as a result of the individual consumer’s intention or negligent conduct could be traced in \nArticle 156(1) CPA, according to which the party is obligated, regardless of the outcome of the lawsuit, to compensate to the opposing party the costs incurred as a result of its own fault or negligence, as well as in the \nAct, in which it is prescribed that the individual consumer can only be responsible for settling of symbolic fee that could not be higher than 5% of the claim for redress measure and in any case not higher than EUR 70.00.\n"]
["Transitional Law"]
["Transitional Law: Are there any peculiarities regarding national transitional provisions in relation to Article 22?","There are no particularities regarding the national transitional provisions. The \nAct transposes the basic rule that all actions initiated before the \nAct entered into force on 25 June 2023, shall be governed by the laws applicable until then (by the \nConsumer Protection Act), while for all the representative actions initiated after 25 June 2023, the \nAct shall be applicable.\n"]
["Opt-in vs opt-out"]
["Opt-in vs opt-out: How are opt-in/opt-out mechanisms regulated (in particular, whether in the context of an order for redress – both domestic and cross-border – claims are permitted on an opt-in or an opt-out basis)?","One of the mandatory elements in claims for distress measures is the list of names of consumers with their statements consenting to representation in the lawsuits and the amount of damages that are to be attributed to them. The said list could be amended until the main hearing is closed. Hence, consumers can opt-in and opt-out of the lawsuits for redress measures until the closing of the main hearing.\n"]
["Qualified Entities (QEs)"]
["Qualified Entities (QEs): What criteria apply to the designation of QEs, with special regard to the designation of QEs for the purpose of bringing domestic representative actions?","Croatian legislators fully transposed \nArticle 4 into the Croatian legal system. Namely, representative actions could only be initiated by qualified entities that are listed on the List of qualified entities for bringing representative actions.\nIn order that an entity/organization to be designated as a qualified entity, the following criteria should be met: 1.) The entity shall be registered in the register of organizations and non-profit organizations; 2.) the entity is founded for the purpose of protection one or more consumers’ interests provided in Croatian legal system and recognized under the \nDirective; 3.) to actively operate for at least 12 months prior to filing of a representative lawsuit; 4.) there is no ongoing procedure on termination of the organization, 5.) that transparent financial operations are conducted in accordance with the regulations on accounting for nonprofit organizations, 6.) contractual obligations are duly fulfilled in relation to implementation of approved financial support from government bodies and other public authorities, 7.) that  payment obligations for taxes and other contributions to the state budget and budgets of local and regional self-government units are duly fulfilled, 8.) that no criminal proceedings are initiated against the person(s) authorized to represent the organization for criminal offenses prosecuted ex officio, 9.) that the evidence is presented that their actions are not influenced by non-consumer persons, especially traders, who have an economic interest in filing certain lawsuits,10.) that organizational, human, spatial, and financial resources are secured for the performance of basic activities in accordance with the association's financial plan and work program, 11.) that the organization is solvent, 12.) that the organization regularly, clearly, and comprehensibly publish the information on the above listed information on their website, together with information on sources of funding, their organizational and management structure, and membership structure.\nBased on the request enclosing the evidence on the above requirements, the ministry competent for the protection of consumers (currently: the Ministry of Economy and Sustainable Development, (“\nMinistry”) assesses whether the association or another form of association fulfills the conditions and decides on including the applicant on the list of qualified entities.\n"]
["Class Criteria/Certification"]
["Class Criteria/Certification: What is the class criteria/certification stage applicable to representative actions, including provisions, if any, that give substance to the requirement “to dismiss manifestly unfounded cases at the earliest possible stage of the proceedings”?","The \nActdefines the term “collective consumer interests” as the general interests of consumers, particularly in representative actions for redress measures, where the interest of the consumer group is at stake. Under the \nCPA, which subsidiary applies to the \nAct, the collective interests can include interests related to the environment, such as human ecology and the natural surroundings. Also, it encompasses moral, ethnic, consumer, anti-discrimination, and other interests that are legally protected and must be significantly harmed or seriously endangered by the actions or general conduct of the person against whom the lawsuit is filed.\nThe most notable class litigation in Croatia, initiated under the framework of \nCPA and the \nCroatian Consumer Protection Act (as applicable) was the class action initiated by consumers that entered into bank loan agreements in CHF currency, dated in 2012, which was initiated under the lead of consumer protection organizations “\nPotrošač” and “\nFranak”.\nCroatian courts dismiss “manifestly unfounded cases” only by exception, meaning that in most cases, as long as a statement of defense has been filed, the courts shall decide on the ruling (by accepting or denying the claim) only after the preliminary and main hearing has been conducted and all evidence examined.\nHowever, under the \nCPA, a court may dismiss the manifestly unfounded case even if the statement of defense has not been filed, provided that the following requirements are met: (i) the lawsuit has been duly delivered to the defendant, (ii) there are no publicly known circumstances indicating that the defendant had justifiable reasons for not submitting a response to the claim, while (iii) the relief does not arise from the facts stated in the claim and/or (iv) facts from the claim on which the claim is based are contradictory to the evidence submitted by the plaintiff or to the facts that are publicly known. In that case, thus, the court is exceptionally allowed to dismiss the claim as manifestly unfounded without entering deliberations and conducting the preliminary and main hearing.\n"]
["Third-Party Litigation Funding"]
["Third-Party Litigation Funding: Please describe how third-party funding is regulated, with special regard to funding of representative actions for redress measures. Can the court order the representative organization to disclose the funding agreement, and if so, will the defendant also receive a copy?","To the best of our knowledge, the \nAct is the only law regulating third-party funding in Croatia.\nOn the general side of regulating third-party funding, the \nAct prescribes that it is necessary to ensure that (i) conflicts of interest are prevented, and that (ii) the financing provided by the third-party, who has an economic interest in filing the lawsuit or an interest in the outcome of an action for redress measures, does not affect the protection of the collective interests of the damaged consumers pursued through the lawsuit.\nIn relation to the actions for redress measures specifically, the \nAct prescribes that a third-party funder is prohibited from influencing the decisions of a qualified entity acting as a claimant in such lawsuits, including the decision to enter into a settlement following the mediation proceeding as prescribed under the \nAct in a way that would harm the collective interests of the consumers to whom the claim relates. Also, it is prescribed that financing of the actions for redress measures by the defendant's competitor or a person dependent on the defendant is prohibited.\nThe \nAct is silent on the court’s power to order disclosure of the third-party agreement, from which the conclusion arises that the court could not order it. Under the \nAct, the court is entitled to request from the qualified entity acting as a claimant in a specific case to provide a financial overview with a list of the sources of funds used to support the action for redress measures.\n"]
["Redress Settlements"]
["Redress Settlements: How are settlements regulated, with special regard to “rules according to which individual consumers concerned by the action and by the subsequent settlement are given the possibility to accept or to refuse to be bound by settlements” if such rules are set out in your jurisdiction?"," The Act regulates settlements in the following way: \n \n During the preparatory hearing regarding the action for redress measure, the court will inform the parties about the possibilities of resolving the dispute through a court settlement or through mediation and explain these options to them. The provisions of the law governing civil proceedings on court settlements and mediation shall be applied to a court settlement and mediation in the lawsuits for representative actions. Before the conclusion of the court settlement, the court shall examine whether the settlement is in line with the mandatory provisions, public policy and fairness and the court shall postpone rendering the decision on refusal of the settlement in case it is necessary to obtain additional information on these circumstances. \n Croatian legal system did not transpose in the Act the possibility to accept or to refuse to be bound by settlements as provided in Article 11(4) of the Directive , meaning that all the individual consumers concerned by the action (as determined until the closing of the main hearing) shall be bound by the settlement. \n "]
["Public Information/Database of Representative Actions"]
["Public Information/Database of Representative Actions: How are the publication of information and database of representative actions regulated, with special regard to any requirement of judicial vetting (e.g. court-approved description of the action), scope of information to be published, time of publishing etc.?","The \nAct regulates the above matter in a way that qualified entities are obliged to publish information on their websites, and if necessary, through other appropriate means, regarding: (i) domestic and cross-border representative actions they intend to initiate, (ii) the status of already initiated domestic and cross-border representative actions, and(iii) the outcomes of actions listed in (i) and (ii).\nThe defendant is obliged to inform interested consumers about the initiated representative action for redress measures that are being raised against it and such notice shall be provided by the defendant in a manner that ensures timely delivery to all potentially affected consumers.\nUnder the \nAct, the obligation for publication of information also touches the Ministry competent for consumers – it is obliged to publish information on its website about (i) qualified entities and (ii) ongoing and legally concluded domestic and cross-border representative actions. The Commercial Court to which a representative action has been submitted is obliged to regularly provide the Ministry with information on filed domestic and cross-border representative actions, final decisions on such actions, and concluded court settlements.\nThe Ministry publishes and provides information to the European Commission about (i) the number and type of final decisions and concluded court settlements in representative actions, (ii) the parties involved in representative action proceedings, (iii) the types of violations covered by representative actions, (iv) the outcomes of initiated representative actions and concluded court and out-of-court settlements (v) the website where the data from this provision will be published. The Ministry shall provide the above information to the European Commission no later than 26 June 2027, and thereafter every four years.\nThe court may order the defendant to publish, in whole or in part, the judgment on declaratory relief or for injunctive measures aimed at stopping the unlawful practice, in a format deemed appropriate by the court, or to publish a statement indicating the established violation of the regulations. In a court decision rejecting the claim for redress measure, the court shall order the qualified entity, at their own expense, to inform the affected parties covered by the final decision about the dismissal or rejection of the claim through means appropriate to the circumstances of the case and within the specified deadlines, and, where appropriate, by individually notifying each affected party. The said obligation does not apply if the affected parties have been otherwise informed of the final judgment or approved settlement.\n"]
["Discovery/Disclosure"]
["Discovery/Disclosure: Are there any special discovery/disclosure rules applicable to representative actions, or collective (non-unitary) actions in general? If there are no such rules either, please briefly refer to the general discovery/disclosure rules.","The \nAct expressly provides rules for discovery/disclosure applicable to representative actions. Namely, the \nAct prescribes that, if, in a representative action or no later than the preliminary hearing, the qualified entity acting as a plaintiff referred to evidence held by the defendant or a third party that is necessary for the proper establishment of the facts, the court shall order the defendant or the third party to submit such evidence or otherwise enable its presentation.\nThe prescribed rule also works vice versa so, if, in response to the claim or no later than the preliminary hearing, the defendant refers to evidence held by the qualified entity acting as plaintiff or a third party that is necessary for the proper determination of the facts, the court shall order the qualified plaintiff or the third party to submit such evidence or otherwise enables its examination.\n"]
["Cross-Border Actions"]
["Cross-Border Actions: Are there any procedural mechanisms and other requirements for cross-border representative actions?","Under the \nAct, qualified entities previously appointed in another Member State may also file a cross-border representative action for the purpose of submitting cross-border representative actions before Croatian courts. Also, a representative action can be filed by multiple qualified entities from different Member States for the purpose of protecting collective consumer interests.\nCroatian legislators did not provide any additional requirements for cross-border qualified entities willing to initiate representative action in Croatia, however, Croatian legislators decided that the criteria listed in the \nArticle 4(3)Directive apply to the designation of qualified entities for the purpose of bringing domestic representative action in Croatia, as allowed under the Directive, from which it follows that standards for cross-border qualified entities and Croatian qualified entities are harmonized and corresponding.\n"]
["Cy près Awards"]
["Cy près Awards: Are there any rules “on the destination of any outstanding redress funds that were not recovered within the established time limits”?","Not applicable. Croatian legislators did not foresee that redress funds could be outstanding, which is in line with the rule that all consumers willing to participate in action for redress measure should be named and attributed with the exact amount of damages until the end of the main hearing, meaning that no outstanding funds should be available.\n"]
["Other"]
["Other: Please provide any further comment that you deem worthy of note.","None at this time. \n"]