collective redress in the netherlands

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Collective redress in the Netherlands. Flip Wijers - 13 November 2012. Collective litigation. A foundation or association can initiate collective litigation Existence of similar interests that the plaintiff actively aims to protect ; - PowerPoint PPT Presentation

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Collective redress in the NetherlandsFlip Wijers - 13 November 2012

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1VERTROUWELIJKCollective litigationA foundation or association can initiate collective litigationExistence of similar interests that the plaintiff actively aims to protect;No extensive description of the class is required; No prior decisions regarding the illigality of the defendants actions is required;Scope: injunctive and declaratory relief available, no claim for monetary damages;Binding effect is limited;

Alternative instruments of collective redressAlternative instruments are available but often not practical;

Costs of collective litigationNot necessarily (much) more expensive than individual litigation;Loser pays (a little), no contingency fee scheme allowed;

Prejudicial requests to Dutch Supreme Court2

Collective Settlements - IDutch Act on the Collective Settlement of Mass ClaimsAmsterdam Court of Appeal can declare a settlement binding on a class, with a subsequent opt-out possibility for injured parties;Four stages: settlement agreement, petition, opt out period, distribution of funds;

The Court will test:Whether the group of injured parties is sufficiently sustantive and identifiable;The representativity of the foundation or association;Whether notification requirements have been met;The reasonableness of the settlement;

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Collective Settlements - IIOpt out possibilityMinimum period of three months;Settlement agreement may provide that if too many injured parties opt out, the defendant can withdraw from the settlement;

Jurisdiction and notification in international settlementsCase law shows that the treshold to accept jurisdiction is low;Notification requirements align with applicable treaties and conventions;

Extraterritorial effectBrussels I Regulation will assist in international enforcement;

Interaction with US settlements post Morrison vs. NABForeign purchasers are banned from US class actions. The Netherlands is an alternative for certification of class action settlements.4

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