NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
for global settlements with relatively little con- nection to the Netherlands. Reference is made to the recent WAMCA legislation, which aims to facilitate out-of-court settlements (see 3.7 Rep-
agreements. A settlement recorded in a court record can only be reviewed under special cir- cumstances, such as blatant errors, deception or fraud. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Order for Specific Performance Pursuant to Section 3:296 of the DCC, a court can order a party to fulfil its legal obligations (contractual or non-contractual) towards another party. Damages The court may order a party to pay damages to another party if it has breached a contractual obligation towards the other party or if it has acted unlawfully. Declaratory Decision The court may render a declaratory decision of a certain legal situation or right. Application for an Order or Injunction The court can order a party that acts unlawfully, or who is likely to act unlawfully, to perform cer- tain actions (order) or to refrain from performing such actions (injunction). Most of these awards can be reinforced by penalty payments. Setting Aside (Ontbinding) The court may order the setting aside (partial or complete) of an agreement and award damages in the case of a breach. The setting aside has no retroactive effect.
resentative or Collective Actions ). 8.2 Settlement of Lawsuits and Confidentiality
Settlement agreements often contain confi- dentiality clauses. Parties may nevertheless be obliged to disclose the contents of the agree- ment by law, or court order. A collective WCAM settlement qualifies as a court judgment and is made public. The parties involved, and any other interested party, may inspect it and obtain a transcript thereof (Section 29(2), DCCP). This right may be restricted in view of certain interests of the parties (eg, privacy, company secrets). 8.3 Enforcement of Settlement Agreements If the obligations ensuing from the settlement agreement or the legal validity thereof is not dis- puted, a title to enforce can be obtained fairly swiftly in summary proceedings by the party who requires performance. A settlement recorded in a court record generally includes an enforce- ment order. Such settlement can be enforced immediately. 8.4 Setting Aside Settlement Agreements In a settlement agreement, parties undertake to end or prevent uncertainties or disputes in respect of their legal relationship, which may deviate from the previously existing legal situa- tion. Such agreement is, in principle, valid even if it breaches mandatory law. The objective is to provide legal certainty. Therefore, more stringent demands apply to the setting aside or annul- ment of a settlement agreement than to regular
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