A View from Japan - Chapter 40 - Collective Litigation in Europe: Law and Practice
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1. NATIONAL LEGISLATION
This chapter explains the Japanese law on collective actions, titled the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers, Law No. 96 of 2013 (the Collective Redress Act, or the Act).1 The Act was enacted in 2013, and came into force on October 1, 2016, to provide a legal system for collective actions for monetary damages, exclusively in the area of consumer contracts. The Diet later amended the Act, in order to facilitate its use, and the amendment, Law No. 59 of 2022, came into force on October 1, 2023. The explanation of the Collective Redress Act in this Chapter is based on the Act as revised by that amendment.
2. NATIONAL CASES AND DECISIONS
As of January 31, 2025, the eight cases described below had been filed under the Collective Redress Act since its entry into force:
A. Improper Discrimination in University Entrance Examinations
Two cases involved actions against universities that improperly discriminated against female candidates and others, in the entrance examinations for their medical departments. The first case (the Tokyo Medical University case) was resolved by settlement during the second stage proceedings on July 27, 2021, after the court rendered a judgment in the first stage proceedings. The second case (the Juntendo case) was resolved by settlement during the second stage proceedings on March 20, 2023, after the court rendered a judgment in the first stage proceedings on September 17, 2021.
