Kenny Henderson

The number of class actions filed across Europe increased to 107 in 2025, from 99 in 2024. Although filings remain below their 2023 peak, the data points to renewed growth in collective litigation activity.

In the UK, the total value of class actions rose to €179.52 billion in 2025, up from €159.55bn in 2024. Across the three highest-risk opt-out jurisdictions – the UK, the Netherlands and Portugal – the combined value of opt-out claims climbed to €203.45bn, up from €173.09bn.

Opt-out exposure has grown sharply since 2020. In the UK, claim values have increased almost fivefold, from €21.65bn to €101.66bn, while the combined total for the UK, the Netherlands and Portugal has risen nearly tenfold, from €22.52bn to €203.45bn.

Kenny Henderson, partner at CMS, said: “More than €200bn of opt-out class actions have now been filed across Europe’s highest-risk jurisdictions. That figure would have been unthinkable just a few years ago, yet it underlines how quickly collective litigation has become a major source of risk for businesses.

“A single event, product or business practice can now give rise to claims in multiple countries at once. For large corporates operating in Europe, class actions are no longer a developing trend to monitor. They are an established and increasingly interconnected litigation risk.”

Consumer law and competition claims remained the largest category of European class action in 2025, accounting for 37 per cent of all filings. However, data protection claims accounted for 13 per cent of all class actions filed in 2025, while product liability and personal injury claims represented 14 per cent of filings. As regulators and lawmakers adapt existing legal frameworks to new technologies, these areas are expected to become increasingly significant sources of class action risk.

Forthcoming reforms, including the implementation of the EU Product Liability Directive, could significantly broaden the scope for claims involving software and AI systems, potentially creating new avenues for collective litigation against businesses operating in the digital economy.

While much of the focus in recent years has been on establishing new collective redress regimes across Europe, the next phase of development will be defined by how those systems perform.

Courts and policymakers are increasingly scrutinising litigation funding arrangements, the role of consumer organisations bringing claims and the extent to which compensation ultimately reaches affected consumers.

One of the areas to watch is litigation funding. As class actions become larger and more complex, courts across Europe are paying closer attention to the relationship between funders and claimants, with important judicial guidance expected in the coming years.

Mr Henderson added: “The key question is no longer whether class actions can be brought, but whether they are working as intended. Courts and policymakers are grappling with issues such as litigation funding, certification and consumer redress, while seeking to ensure that collective proceedings deliver meaningful benefits to those they represent. The answers to those questions will define the next chapter of the European class action landscape.”