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.

Please click here for more information about collective actions in the Netherlands.

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14.12.2020 NL law
WAMCA: imperfections come to the surface

Short Reads - Dutch courts have not yet developed procedural rules for the WAMCA, the new Dutch regime for collective redress. This adds to pre-existing uncertainty around many procedural aspects of this new law. In my recent editorial for the Nederlands Tijdschrift voor Burgerlijk Recht (Dutch Civil Law Review, only accessible with a WoltersKluwer Navigator subscription), I discuss recent court decisions and identify a few additional problems that are arising now that the WAMCA is being put to the test. Here’s a summary.

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08.07.2020 NL law
Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash

Short Reads - Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. The State was found liable because it is responsible for the information provided by the Dutch Aviation Safety Board (a government agency) to the victims and surviving relatives. This information, on the causes of the crash was deemed by the court to be incorrect and incomplete.

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28.01.2022 NL law
Branda Katan teaches course on Dutch class action regime

Seminar - Branda Katan will co-teach the current affairs ‘WAMCA’ course on 2 February 2022 from 14:00 to 18:15 at the Centrum voor Postacademisch Juridisch Onderwijs. Branda, together with co-teacher Professor Ruud Hermans, will discuss all aspects of the Dutch class action regime (WAMCA), and the course will provide new insights into how the WAMCA relates to new and upcoming European law.

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27.05.2021 NL law
The qualification of a (commercial) contract

Short Reads - The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. For these nominate contracts, the Dutch legislator has formulated specific legal rules in the Dutch Civil Code. In some cases, these legal rules are mandatory; i.e. the contracting parties cannot derogate from these legal rules. The purpose of these codified legal rules is often to protect weaker contracting parties.

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02.04.2020 NL law
Claims assigned to a litigation vehicle: who needs to prove what?

Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. 

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