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Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’

By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.

Granting of declaratory relief sought in collective action: new limitation period for all related individual claims?

The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief.

Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector

In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.

Amsterdam Court of Appeal grants standing in collective action about alleged manipulation of interest rate benchmarks

Contrary to the Amsterdam District Court’s judgment, the Amsterdam Court of Appeal granted Stichting Elco Foundation standing in a collective action against several banks and brokers based on alleged manipulation of interest rate benchmarks.

Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction

Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.

Court of Appeal rules on admissibility of antitrust follow-on damages claim under the old Dutch collective action regime

The judgment of the Court of Appeal of 's-Hertogenbosch of 27 May 2025 concerns a collective action brought by Consumentenbond and Stichting Aequitas against Koninklijke Philips N.V. under the old Dutch collective action regime of Article 3:305a DCC.

Branda Katan and Cas Michiels contributed to Handbook on Mass Damage

Branda Katan is one of the handbook’s editors, while Cas Michiels co-authored a chapter on third-party litigation funding.

Legislative proposal on mass damages claims approved by the Dutch Senate

On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe

Legislative proposal for mass damages claims approved by the Dutch House of Representatives

On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective

The qualification of a (commercial) contract

The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts.

Luxembourg adopts comprehensive carried interest tax reform

On 22 January 2026, Luxembourg's Parliament approved Bill No. 8590, delivering the jurisdiction's most ambitious carried interest tax reform since 2013.

Belgian DPA’s 600.000 EUR fine record against Google for GDPR infringements

In a decision dated 14 July 2020, the Belgian DPA imposed a record administrative fine of 600.000 EUR against Google Belgium for non-compliance with the GDPR.

Find my address… if you can: Constantin Film Verleih v. Youtube and Google

On 9 July 2020, the CJEU clarified the scope of the right of information in the context of IP rights infringement proceedings.

Supreme Court approves criminal liability of suspect refusing to unlock his smartphone

In a groundbreaking judgment, the Belgian Supreme Court (Court of Cassation) states that the investigating judge may order a suspect to provide the access code of his mobile phone. Hans Van Bavel and Charlotte Conings shed a light on the judgment.

Court of Appeal rules on limitation period for follow-on claims under Brazilian law in antitrust damages case concerning the cathode-ray tube markets

On 17 June 2025, The Court of Appeal of 's-Hertogenbosch rendered a judgment in antitrust follow-on damages litigation concerning the cathode-ray tube markets, ruling on – amongst other things – the commencement of the limitation.

Beperking geldigheidsduur schaarse vergunningen voor laadpalen langs rijkswegen in strijd met de Dienstenwet

De Afdeling oordeelt in twee uitspraken dat de verkorte geldigheidsduur van vergunningen voor laadpalen op verzorgingsplaatsen langs rijkswegen in strijd is met de Dienstenwet.

Dutch Supreme Court refers VAT case on transfer of going concern to CJEU

On 21 November 2025, the Dutch Supreme Court referred two preliminary questions to the Court of Justice of the European Union (CJEU) concerning the application of the exemption for transfer of going concern pursuant to article 19 of the VAT Directive 2006

PFAS: the latest developments on its legal status and regulation

Last summer, PFAS was frequently in the news, including a study by RIVM on PFAS in the blood of the Dutch population. This blog discusses the developments concerning the legal status and regulation of PFAS.

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