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Collective Actions in the Netherlands—A Step Forward ?

Peace Palace in The Hague representing collective redress and mass claims litigation in the Netherlands.

This article examines the Dutch reform introduced by the Wet Afwikkeling Massaschade in Collectieve Actie (WAMCA), which entered into force on 1 January 2020.


The author analyzes the evolution of collective redress in the Netherlands by comparing the former collective action regime, the collective settlement mechanism (WCAM), and the new WAMCA framework. The study highlights the key innovations of the reform, including the introduction of a collective damages action with an opt-out mechanism, the appointment of an exclusive representative, stricter governance and funding requirements, and new jurisdictional scope rules.


The article also discusses the practical and theoretical challenges raised by the reform, particularly in relation to litigation funding, procedural coordination, certification requirements, and effective access to justice.



Author of the document: Ianika Tzankova

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