In a written answer on 16 July 2026, Executive Vice-President Teresa Ribera told the European Parliament that EU law does not require Member States to establish collective action mechanisms for competition law damages, responding to a question from MEP Nicolae Ștefănuță (Verts/ALE) about compensating Romanian consumers affected by alleged bank collusion on the ROBOR index.
The Romanian Competition Council fined 10 credit institutions a total of RON 3.73 billion for coordinating behaviour in setting the ROBOR index, which determines variable interest rates on loans. Ștefănuță asked whether affected consumers could obtain compensation through collective, administrative, or direct restitution mechanisms without individual lawsuits.
Ribera pointed to the Damages Directive (2014/104/EU), which guarantees the right to full compensation for harm from competition law infringements and obliges Member States to ensure effective means of enforcement. Romania transposed this directive on 8 June 2017. However, the Representative Actions Directive (2020/1828) explicitly excludes competition law damages from its scope, leaving Member States free to introduce such mechanisms nationally. The Commission's 2013 Recommendation on collective redress encourages Member States to adopt collective redress mechanisms, including for competition law, but it is non-binding.
Romania does not provide a specific collective action mechanism for competition law damages, though it offers other group action tools such as joinder of claims. Ribera noted that the Court of Justice ruled in ASG 2 (January 2025) that some form of claim grouping must be possible if individual actions are impossible or excessively difficult, but this is for national courts to assess.
The answer contains no concrete proposals or commitments from the Commission to promote collective compensation mechanisms. It reiterates existing legal frameworks and leaves the matter to Member States and national courts, offering no new policy direction or timeline for EU-level action.
Romanian consumers affected by the alleged cartel face significant barriers to compensation, as they must rely on individual lawsuits or limited national group action tools, which may be costly and inefficient. The 10 fined banks could face reduced exposure to mass claims if collective mechanisms remain absent. The Commission maintains its current stance of non-intervention, avoiding new regulatory burdens on Member States. National courts in Romania will have to determine whether existing procedures meet the CJEU's standard of effective access to justice.