NETHERLANDS Law and Practice Contributed by: Theodoor Verheij, Barbara van der Ven, Bas Lem and Jeroen van den Brande, Brande & Verheij LLP
Brande & Verheij LLP Weena 505 3013 AL Rotterdam The Netherlands
Tel: +31 10 499 27 61 Fax: +31 10 499 27 99 Email: theodoor.verheij@brandeverheij.com Web: www.brandeverheij.com
1. Policy Development of Collective Redress/Class Action Mechanisms 1.1 History and Policy Drivers of the Legislative Regime This text reflects the state of the law in the Netherlands as of 11 September 2025. Collective Action – Case Law The right of collective action was first accepted by the Dutch Supreme Court in case law on environmental (pollution) matters decades ago. The Supreme Court held that the interests involved in such claims are suit- able to be bundled in an action brought by environ- mental associations on behalf of citizens. According to the Supreme Court, this would promote effective legal protection. Collective Action – WCA In 1994, this case law was codified and a more gen- eral basis for collective actions was provided by the Act on Collective Actions ( Wet collective actie ‒ WCA). Pursuant to the WCA, foundations or associations with full legal capacity (hereinafter also referred to as “interest organisations”) may bring collective actions seeking to protect similar interests of other persons. According to the legislature, an interest organisation can, for example, bring a collective action when the interests at stake are small at the individual level, but considerable at the aggregate level. Also, the thresh- old for access to the courts was believed to be lower for interest organisations. Furthermore, collective actions were said to have a preventive effect. Finally, effectiveness reasons were also cited.
The WCA expressly excluded the possibility of an interest organisation collectively claiming monetary damages. Back then, the legislature believed that a court could only award monetary damages on the basis of an assessment in respect of each of the indi- vidual members of the group, whilst a collective action In 2005, the Act on the Collective Settlement of Mass Damages ( Wet collectieve afwikkeling massaschade ‒ WCAM) was adopted. Pursuant to the WCAM, a foun- dation or association with full legal capacity that has reached a settlement for compensation of damages caused by an event or similar events may, together with the party that will pay the compensation, request the Amsterdam Court of Appeal to declare the set- tlement binding on all injured persons. The occasion for the introduction of the WCAM was the infamous DES daughters case, a medical product liability case in which such a settlement was reached and the phar- maceutical companies were looking for ways to make the settlement generally binding. Rather than adopt- ing a tailor-made solution, the legislature adopted a general statutory framework that can be used for the quick and effective settlement of other mass damages claims as well. Collective Action – WAMCA In 2011, Parliament passed a motion noting that mass damages were often not adequately compensated and calling on the government to introduce efficient and effective instruments in order to realise the funda- mental right of consumers to claim damages. In that respect, the motion noted that the WCAM already pro- vided for the collective settlement of mass damages is conducted at the group level. Collective Settlement – WCAM
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