17 June 2025Tim Kluwen and Robert van Hattum publish journal article on WAMCA class action settlement scheme
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).
19 May 2025AG clarifies (artistic) thresholds for protection of works of applied art
On 8 May 2025, Advocate General (AG) Szpunar of the European Court of Justice (CJEU) issued his long-awaited opinion in the Mio and Konektra cases.
14 May 2025MvO Article – Edil Works 2 and its implications
This article (in Dutch) elaborates on the Edil Works 2 ruling of the Court of Justice of the European Union. In this ruling, the Court found that national conflict rules based on the real seat criterion are, under certain conditions, in violation of the freedom of establishment. The authors argue that national conflict rules that apply the incorporation criterion may, under certain circumstances, also be incompatible with the freedom of establishment.