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CMS has published its sixth annual European Class Action Report, which the firm says maps class action risk for international businesses operating across Europe.
The report, based on analysis of class action proceedings data from the past six years, names the UK, Netherlands and Portugal as the highest-risk jurisdictions for collective claims, while identifying Spain as a country to watch closely given the presence of a draft opt-out procedure.
Key points
- CMS published its sixth annual European Class Action Report on 8 October 2026
- The report analyses data from class action proceedings across Europe over the past six years
- The UK, Netherlands and Portugal are named as the highest-risk jurisdictions
- Spain is flagged as one to watch due to a draft opt-out procedure
- CMS says growth in class actions has been driven by new procedural mechanisms, claimant law firms, technology and social media bookbuilding techniques, and the litigation funding sector
What the report found
CMS said the report charts the growth of class actions “from a niche area to a significant strategic risk for corporates operating in Europe.” The firm attributed this growth to a combination of new procedural mechanisms, what it described as innovative and aggressive claimant law firms, technology and social media techniques that assist bookbuilding, and the expanding litigation funding sector.
Authors
The report was produced by a team of CMS lawyers including Kenny Henderson and Alex Danchenko in London, Daniel Keating in Manchester, Douglas Campbell in Edinburgh and London, Anna Cudna-Wagner in Warsaw, and Paola Ghezzi in Rome.