24 November 2023

Class actions and settlements in the Netherlands

Collective redress is a hot topic across Europe. The entry into force of the Representative Actions Directive on 25 June 2023 means that it will remain so for years to come. The Netherlands has always been at the forefront of class actions and settlements. Dennis Horeman, Machteld de Monchy and Tim Kluwen have written two chapters in the International Comparative Legal Guide - Class and Group Actions 2024 to highlight some of the key aspects of Dutch law and practice.

In Chapter 2 (available here) they examine international class action settlements. The Netherlands has a unique track record in opt-out class action settlements, including global settlements in securities cases. The Representative Actions Directive encourages collective settlements, so the Dutch experience can provide valuable lessons.

Chapter 24 (available here) is a Q&A on key aspects of Dutch class actions. Since the introduction of the WAMCA on 1 January 2020, opt-out class actions for monetary damages have been available in the Netherlands. This has arguably made the Netherlands the leading EU forum for collective redress. This chapter answers some of the most frequently asked questions in practice.