Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Class Action Litigation in The Netherlands

Class Action Litigation in The Netherlands

Kuilwijk, Kees Jan

Paperback

Erotica

ISBN10: 1065444400
ISBN13: 9781065444404
Publisher: Whitcombes
Published: Oct 27 2026
Pages: 536
Weight: 1.56
Height: 1.08 Width: 6.00 Depth: 9.00
Language: English
This book explains how collective redress operates under Dutch law, with particular emphasis on the WAMCA, the statutory regime that has enabled representative organizations to pursue damages claims on behalf of large groups on an opt-out basis since 2020.

Its starting point is economic. Claims too small to justify the cost of individual litigation will ordinarily never be brought. Collective actions and litigation funding are mechanisms for overcoming that problem. The question running through the book is therefore one of control: who controls a collective claim, and in whose interests is it pursued? Dutch law answers that question institutionally. Claims are brought by foundations and associations subject to judicial supervision, rather than by entrepreneurial lawyers operating as is familiar in the United States. The courts scrutinize the governance, independence and representativeness of those organizations, as well as the role, influence and economic interests of litigation funders.

The book follows a collective action through the principal stages at which the legal regime confronts it, from jurisdiction, admissibility and commonality to settlement and distribution. It then turns to more difficult substantive questions: how aggregate damages can be quantified, how claims may be bundled through assignment, and how compensation for non-material harm under the GDPR is developing.

Comparison with the UK and US systems leads to the book's central conclusion. The Dutch model subjects collective claims to intensive scrutiny at the outset. That scrutiny protects the interests of the represented class and seeks to ensure that claims are properly governed, adequately funded and genuinely representative. But it also postpones the redress the system was created to deliver. The emerging case law increasingly exposes the cost of that trade-off: a regime designed to make mass claims more efficient can itself become a source of delay, complexity and expense before the merits are ever reached.

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