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

Amended governance rules addressing third party funding for collective claim organizations

On 4 March 2019, an amended version of the Dutch “Claimcode” was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market. Like the 2011 original, the 2019 Claimcode contains guidelines for the governance of organizations that pursue collective claims and settlements, aiming to ensure that claim organizations put the interests of … Read more

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 passed without a vote. The legislative proposal will have a significant impact on the litigation climate in the … Read more

European Court of Justice issues landmark ruling on parental liability

On 14 March┬áthe European Court of Justice issued a landmark judgment in the Skanska case. In this ruling, the Court of Justice held that parent companies can be held liable for the damage caused by a competition infringement committed by their subsidiary if the parent company (that holds all the shares in the subsidiary) has dissolved the subsidiary but continued … Read more

Interruption of statutory limitation by way of written notice: a matter of interpretation

In judgment of 18 September 2015, ECLI:NL:HR:2015:2741, the Dutch Supreme Court reversed a decision of the Amsterdam Court of Appeal, in which it was held that a letter by US counsel for the claimant to US counsel for the defendant did not contain an “unequivocal reservation of rights” and therefore did not interrupt the Dutch statute of limitation. According to … Read more