Netherlands collective actions under WAMCA: framework, standing, certification, opt-in/opt-out, funding, disclosure, settlements, costs, appeals and EU Collective Redress Directive – Q&A guide
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Class actions—Netherlands—Q&A guide
This Practice Note offers a jurisdiction-specific Q&A on collective actions in the Netherlands, published within the Lexology Getting the Deal Through series by Law Business Research (law stated as at 24 October 2022). Authors: Freshfields Bruckhaus Deringer—Jeroen van Hezewijk; Basya Klinger.
- Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought?
The Netherlands comprises 11 judicial districts, each served by its own court. Appeals from district court judgments are heard by the competent court of appeal; there are four courts of appeal. A further appeal lies, as of right, to the Supreme Court. Collective claims must be issued before the civil chamber of the district court. The usual procedural rules apply, including rules on absolute and relative competence. Frequently, this results in jurisdiction for the district court where the party alleged to have caused the harm is domiciled. - How common are class actions in your jurisdiction? What has been the recent attitude of lawmakers and the judiciary to class actions?
On 1 January 2020, the Dutch...
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