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Argentina

National University of Buenos Aires (UNBA)

Argentina does not have a general class action statute, but a 1994 constitutional reform allowed actions that defend collective interests and other third generation rights (e.g., the right to a healthy environment), granting standing to associations and to the Ombudsman. The Supreme Court restricted these actions to the protection of truly collective interests, thus rejecting them when they were brought to defend multiple homogeneous interests (e.g., small damages for many consumers). A recent amendment of the Consumer Protection Law allows the Ombudsman, as well as associations, to sue for damages caused to consumers and grants erga omnes effect to the judgment. Similar rules are included in federal and provincial laws that protect the environment.

Key Words: collective actions • class actions • "thirdgeneration rights" • consumer protection law

The ANNALS of the American Academy of Political and Social Science, Vol. 622, No. 1, 54-62 (2009)
DOI: 10.1177/0002716208328277


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