Since 1 January 2020, the Resolution of Mass Damage in Collective Action Act (WAMCA) has permitted class actions for damages. If a claim has merit, the legislature prefers that class actions for damages be resolved through a collective settlement. The WAMCA therefore provides for a court-approved opt-out settlement. The rules for this settlement can be found in Article 1018h of the Dutch Civil Code (DCCP).

The WAMCA settlement scheme has yet to be used. Now that over five years have passed since the introduction of the WAMCA, class action practice is slowly but surely maturing. It is likely that it is only a matter of time before parties to a class action request the court to approve their settlement under Article 1018h DCCP. However, the provisions of Article 1018h DCCP are not entirely clear. In an article in the Dutch legal journal Tijdschrift voor de Procespraktijk (Litigation Practice Journal), Robert and Tim explain the WAMCA settlement scheme. They also address the most pressing questions regarding its practical application, offering solutions that align with the law and the goals of an opt-out class action settlement scheme.

The article can be accessed through all main Dutch legal databases. Feel free to reach out to Robert or Tim if you would like to receive a PDF copy in Dutch or a machine translation in English.

Our guide Unlocking the WAMCA contains more information on the Dutch class action regime and can be found here.