The Situation: The Netherlands has a
comprehensive system for collective actions and the collective
settlement of claims but currently, there is no possibility to seek
monetary damages in collective actions.
The Developments: A proposed bill introducing a
collective damages action was adopted this week by the lower house
of the Dutch Parliament. In addition, the European Commission
proposed a directive on representative actions for the protection
of the collective interests of consumers (COM(2018) 184 final),
which
aims to introduce a European collective redress right for
consumers.
The Result: While the introduction of the
possibility to claim monetary damages in a collective action poses
a risk for defendants, the (proposed) Dutch system, which ensures a
high level of finality, strikes a balance between the interests of
defendants and aggrieved parties alike.