NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
mented in Dutch law in the form of the Repre- sentative Actions Directive Implementation Act, which entered into force on 25 June 2023. On 13 July 2023, the Dutch Minister for Legal Pro- tection issued the Decree on Qualified Entities for Cross-border Representative Actions. Alto- gether, these requirements largely align with the admissibility requirements that already apply under the existing collective action regime (Arti- cle 3:305a DCC), supplementing these in some respects. Per mid 2024 (status 18 June 2024) three entities have been designated as QE to bring representative actions at a European level (SOMI, ICAM and VEB). 3.8 Requirements for Cost Estimate Dutch attorneys are required, under the Rules of Professional Conduct of the Dutch Bar Associa- tion, to discuss the financial consequences of their engagement and of any legal action. Fee estimates are often used for well-defined pro- cedural steps. The Netherlands does not provide for pre-trial proceedings as such. In a pre-trial setting, par- ties may gather or secure evidence prior to pro- ceedings by, for example, demanding inspection of or levying an attachment on documents or copies of documents, or by submitting a request for a provisional examination of witnesses or an expert report. The courts may also order parties to be present at a preliminary hearing, during which witnesses and experts may be heard. The Dutch legal system does allow parties to ini- tiate interim actions and apply for injunctive relief once the dispute is brought before the court. Some interim actions must be put forward prior 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
to all other (substantive) defences. Examples of interim actions are: • motions contesting jurisdiction; • requests to implead a third party; • requests for joinder and intervention; • referral; • consolidation of cases; and • provision of security for litigation costs. 4.2 Early Judgment Applications It is possible to request the court, via an appear- ance of the parties (which can be ordered at eve- ry stage of the proceedings, Section 87, DCCP) or by a procedural motion, to first render a deci- sion regarding preliminary issues such as the period of prescription, the competence of the court, the production of (copies of) exhibits, or the applicable law. This is increasingly common in more complex cases. However, the court is not obliged to comply with such a request. 4.3 Dispositive Motions There are no dispositive motions under Dutch law. 4.4 Requirements for Interested Parties to Join a Lawsuit Anyone who has an interest in a case before the court that is between other parties may apply for permission to join the lawsuit or to intervene in it (Section 217, DCCP). In a joinder, the interested third party supports the position of one of the parties. In the case of an intervention, the interested third party takes up its own position in respect of both the claim- ant and the defendant. Both in the cases of a joinder and an intervention, an interested third party voluntarily intervenes in a dispute which is already pending before the court.
1013 CHAMBERS.COM
Powered by FlippingBook