The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

In this case, the Court considered that the Portuguese limitation rules (a short limitation period that may start before the victim knows who is liable and that cannot be suspended during the authority‚Äôs investigation) made it practically impossible or excessively difficult to obtain compensation, and should therefore be set aside. The Court of Justice clarified these issues when answering preliminary … 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