The WAMCA entered into force on 1 January 2020. Over the past 5 years, various class actions have been initiated under the WAMCA by different interest organizations covering a wide range of subjects. For example, the Dutch State has repeatedly been targeted by interest organizations, often on ESG- and public interest related matters (we discuss the rise of ESG litigation in more detail in our trend report).
The first 5 years of the WAMCA shed light on various requirements under the WAMCA. However, various aspects of the WAMCA are still unclear. In this trend report, our Dutch class actions team explores several aspects of the WAMCA that have been extensively litigated, such as the temporal applicability of the WAMCA, the requirement of sufficient standing (‘representativiteit’), the differences in admissibility requirements between group actions and public interest actions, third party litigation funding, etcetera. Our class actions team identifies a number of key trends in the case law on these topics.
You can access the trend report via the link below.
Our team is closely monitoring the developments concerning class actions and litigation risks. For more information on class actions in the Netherlands, please contact our Dutch class actions team.
