Collective redress under the New Civil Procedure Act of North Macedonia

Collective action proceedings

The newly enacted Civil Procedure Act of North Macedonia ("Official Gazette" No. 151/2026, dated 8 July 2026) (CPA) confers standing upon associations, foundations, institutions, and other organizations which, within the scope of their statutory activities, are engaged in the protection of collective interests and rights, to initiate collective actions against individuals or legal entities whose conduct, activities, or omissions result in serious violations or substantial endangerment of such collective interests and rights. Pursuant to the CPA Act, the courts are mandated to accord priority to the adjudication of collective actions. With the plaintiff’s consent, other affected individuals and legal entities may intervene in the proceedings.

Collective interests subject to protection by collective action include environmental protection, prevention of discrimination, consumer protection, health-related rights, "and other interests protected by a statute".

Jurisdiction over collective actions is vested in the courts of general jurisdiction corresponding to the domicile or seat of the defendant, as well as the court in the territorial jurisdiction where the act constituting the violation or endangerment of a protected collective interest occurred.

An authorized claimant may petition the court to: (i) determine that the defendant’s conduct or omission has violated or endangered a protected collective interest or right; (ii) enjoin further violation or endangerment, including, in consumer protection matters, the use of unlawful contractual provisions or business practices; (iii) order the defendant to remedy the consequences of wrongful conduct; and (iv) direct publication of the operative part of the judgment in electronic or print media, or via broadcast, at the defendant’s expense. The court may also temporarily regulate the defendant’s conduct pending final adjudication, by way of provisional measures.

The CPA provides procedural safeguards for persons who may be subject to collective actions. If the organization authorized to file a collective action alleges that a particular individual or legal person has infringed or threatens collective interest or collective right protected by law, the latter is entitled to initiate proceedings seeking a judicial determination that the alleged conduct or activity does not infringe upon or endanger collective interests or rights, an injunction from further statements to that effect, an award of damages, and an order for publication of the judgment. Following the filing of a collective action, the defendant may seek all of the foregoing by way of counterclaim. Where it is established that a collective action was manifestly unfounded and that, through the initiation of such proceedings—particularly via media coverage—the reputation and business interests of the defendant were seriously harmed, the court may order the plaintiff and their authorized representatives to compensate the defendant for reputational damage, with the quantum of compensation to be determined at the court’s discretion.

A judgment granting a collective action claim may serve as a basis for subsequent proceedings for compensation of damages by injured individuals or entities. The court seized of such follow-on proceedings is bound by the legal findings established in the judgment rendered in the prior collective action.

Conclusion

In 2013, the Constitutional Court of Serbia declared similar provisions of the Serbian CPA unconstitutional, on the basis that in the absence of specific underlying legislative framework, the relevant CPA provisions alone are not sufficiently precise as to who may qualify as plaintiff and which collective rights and interests enjoy protection.

The North Macedonian CPA seems to have avoided similar pitfalls as it specifically designates environmental protection, prevention of discrimination, consumer rights and healthcare rights as the subject-matter of protection by way of collective action. However, it remains to be tested which organizations will qualify as plaintiffs in collective action proceedings, which collective interests, other than those specifically enumerated in CPA ("other interests protected by a statute"), will qualify for protection and how reputational damage will be assessed.