Dutch court: insufficient substantiation? No follow-on cartel damages action

Dutch courts are forcing claimants (including claims vehicles) to be well-prepared before initiating follow-on actions. The Amsterdam District Court in the Dutch trucks cartel follow-on proceedings recently ruled that claimants – specifically CDC, STCC, Chapelton, K&D c.s. and STEF c.s. – had insufficiently substantiated their claims. These claimants now have until 18 September 2019 to provide sufficient facts regarding transactions that … Read more

European Parliament votes in favour of representative actions for the protection of collective interests of consumers

On 26 March 2019 the European Parliament approved an amended version of the European Commission’s proposal for a Directive on representative actions for the protection of collective interests of consumers, following a debate on 25 March 2019. The Directive will become law once the Council and the European Parliament reach an agreement on the European Commission’s proposal. The Council has … Read more

Follow-on cartel damages claim dismissed: don’t bury courts under paper work

A recent ruling by the Dutch Court of Appeal confirmed that claimants will need to sufficiently substantiate their claim that they suffered loss due to a cartel, even in follow-on cases. Despite a presumption that sales or service contracts concluded during the cartel period have been affected by the cartel, claimants will still need to provide the courts with concrete, … Read more

Rotterdam District Court rules on jurisdiction in Petrobras collective action

On 19 September 2018, Rotterdam District Court ruled (ECLI:NL:RBROT:2018:7852) that it has jurisdiction to hear claims against Petrobras and others in a collective action concerning an alleged bribery scheme. However, the Court decided that it did not have jurisdiction for a number of claims against non-Dutch defendants. The Court also denied a request to stay the proceedings until a decision in … Read more

A proposal to fundamentally change the law on evidence in Dutch civil procedure

Introduction On 31 May 2018 Dutch Minister Dekker published a draft bill for consultation that primarily aims to modernise and simplify the law of evidence within Dutch civil procedure. The draft bill draws heavily on a report dated 10 April 2017 from the expert group on the modernisation of law of evidence. The Dutch Bar Association has since published an … Read more