Class Actions and Group Actions

We are Stibbe Class Actions and Group Actions specialists

We have proven expertise in resolving class and group actions and the associated special challenges they create, even across multiple jurisdictions.

Class Actions and Group Actions

We have played a major role in some of the largest class actions and group actions in the Benelux, drawing on expertise from across the firm to deliver the most effective results for our clients.

Handling matters across a broad range of sectors including financial institutions, securities, funds, large industries and healthcare, our experts integrate regulatory knowledge with sector expertise to create strategically robust solutions.

As the rules for collective redress are constantly changing, we guide clients through every stage. When handling complex proceedings regarding private enforcement of cartel and competition law infringements, we work in close collaboration with lawyers in our EU competition law practice group. This cohesive structure provides the most cost-effective and efficient way of working.

Over the years our litigation practice group has successfully handled multi-party and multi-jurisdictional litigation, before the civil, administrative and criminal courts. In all cases, our objective is to resolve the class or group action as efficiently as possible, aiming to minimise its impact on the rest of the business.

Reinforcing our practical expertise, our partners also lecture on collective redress and hold various publications on class actions and group actions.


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17.04.2018 BE law
Recevabilité de la « class action » (l’action en réparation collective) concernant des logiciels trafiqués et choix d’un système d’opt-out

Short Reads - Par jugement du 18 décembre 2017, le tribunal de première instance néerlandophone de Bruxelles a déclaré recevable l’action en réparation collective sur la base du livre XVII du Code de droit économique (« CDE ») concernant des logiciels trafiqués installés sur des voitures[1] (l’« Action Collective »). Dans ce contexte, le Tribunal a choisi le système dit d’opt-out. 

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08.03.2018 NL law
Dutch courts can reduce contractually agreed penalties to an amount that is not unacceptable

Short Reads - You think you have made clear arrangements about the exclusivity of your supplier's services. The supplier has agreed to service your company only. You have even agreed unequivocal penalty clauses under which the supplier pays a penalty for every breach and another one for every day the breach continues. Unfortunately, the supplier breaches the exclusivity clause, forcing you to claim the full amount of penalties due. And then the supplier refuses to pay them because he finds them unreasonable. Now what?  

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23.01.2018 NL law
Overview of Legislative Proposal on Collective Action (NL) - As amended by the Amendment Bill of 11 January 2018

Articles - In the Netherlands, it is possible for a representative entity to bring a "collective action" on an "opt-out basis" under article 3:305a of the Dutch Civil Code (the "DCC"). However, under the current provisions in Dutch law, the representative entity is not entitled to claim monetary damages. This limitation is likely to be removed in the not too distant future.

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17.04.2018 BE law
“Class action” (vordering tot collectief herstel) voor sjoemelsoftware ontvankelijk en keuze voor opt-out systeem

Short Reads - Bij vonnis van 18 december 2017 verklaarde de Nederlandstalige rechtbank van eerste aanleg te Brussel de rechtsvordering tot collectief herstel op grond van boek XVII van het Wetboek Economisch Recht (‘WER’) betreffende sjoemelsoftware voor bepaalde voertuigen ontvankelijk[1] (de ‘Groepsvordering’).

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23.02.2018 NL law
Can acts and statements from an unauthorised representative qualify as acknowledgment of liability and interrupt a limitation period?

Short Reads - On 26 January 2018, the Supreme Court delivered a judgment (ECLI:NL:HR:2018:108) about the interruption of the limitation period for a claim for damages. The key element in this case was whether the acts and statements of an insurer and a loss adjuster qualified as an acknowledgement of liability and, if so, whether this acknowledgement could be attributed to the liable party

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11.01.2018 NL law
Witness examination and the withdrawal of a judge

Short Reads - In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court confirmed that a judge is allowed to critically interrogate a witness and remind a witness of his oath. Such action is not an indication that a judge is not impartial or independent.

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21.02.2018 NL law
Termination clauses in agreements and Dutch standards of reasonableness and fairness

Short Reads - How can a party terminate an agreement? With the exception of certain specific agreements (i.e. employment or rent), the Dutch Civil Code (DCC) does not provide rules on termination as such. Whether and under what conditions a party is entitled to terminate an agreement is determined by the agreement itself and the general standards of reasonableness and fairness ("redelijkheid en billijkheid") in Article 6:248 DCC. In its decision of 2 February 2018 (ECLI:NL:HR:2018:141), the Dutch Supreme Court further developed its case law on the subject matter.

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10.01.2018 NL law
Fire, furniture and strict liability for buildings used for business

Short Reads - Persons using a building in the course of running a business might be liable for damage caused by a defect in the building on the basis of strict liability. Such liability exists if there is a link between the origin of the defect and the running of the business. In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court clarified how to ascertain whether there is such a link.

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