The Wait Is Over: Collective Actions For Damages Are Here

On 19 March 2019, the Dutch Senate finally approved legislation introducing collective damages actions in the Netherlands (the "Legislation"). This introduces the option to claim monetary damages in a "US style" class action

Collective Action For Damages

When the Legislation will enter into force has not yet been determined. Its scope has, however: it will apply to harmful events which took place on or after 15 November 2016.

The key features of the Legislation are:

• An option to claim monetary damages in a collective action on an opt-out basis. The Legislation lifts the current prohibition on representative organisations claiming monetary damages in a collective action. The proposed action can either result in a judgment in which the court will award damages or in a collective settlement held to be binding by the court.