On 1 January 2020, the WAMCA (Resolution of Mass Damage in Collective Actions Act) established new rules for collective actions in the Netherlands. Machteld de Monchy and Tim Kluwen examined the first two years of case law under the new regime. Dutch law journal Maandblad voor Vermogensrecht published their findings in an article that is accessible by clicking here.
In their article, Machteld and Tim focus on several topics that feature frequently in WAMCA judgments and court orders. Particularly relevant in practice is their discussion of the admissibility requirements for claim organisations and the rules that apply if multiple collective actions are instituted regarding the same event. Parties to WAMCA proceedings will have noticed that the new rules are not always clear, that they contain omissions and require courts to improvise. Machteld and Tim conclude that more clarity regarding certain topics is still much-needed, but that parties and courts are positively contributing to the development of a well-functioning collective action.