24 November 2022

The WAMCA's publication requirement

On 1 January 2020, the WAMCA (Resolution of Mass Damage in Collective Actions Act) established new rules for collective actions in the Netherlands. The WAMCA requires parties to publish their writ of summons in the public register for collective claims. Marieke Bredenoord-Spoek and Tim Kluwen have written a three-article series on the WAMCA's publication requirement in the Dutch law journal, BER.

In the series, Marieke and Tim discuss the publication requirement in relation to different types of proceedings. Part I (available here) provides a general introduction and discusses the recent amendment to the publication requirement – from 25 June 2023, it is no longer required to publish the entire writ; parties can write a summary.

Part II (available here) covers the publication of procedural documents in first instance, summary proceedings, appeal proceedings, and Supreme Court proceedings. When discussing the publication requirement, Marieke and Tim also touch upon more general questions on the applicability of the WAMCA in these type of proceedings.

Part III (available here) is all about joinder, third-party intervention, and third-party-proceedings in WAMCA collective actions and whether the procedural documents relating to these instruments need to be published.