In this post, we analyse the interesting WAMCA decision rendered by the Midden-Nederland district court in the Essure case. Some key lessons are to be learned about the temporal scope of the WAMCA, and a new framework is provided to stress test funding arrangements.
On 6 November 2024, the Amsterdam District Court ruled on the methodology to be used for the damage calculation in follow-on claims of indirect purchasers from the air cargo cartel.
Milieudefensie et al. claimed that Shell has a societal duty of care to reduce its emissions by 2030 with 45% compared to 2019. In first instance the District Court of The Hague ruled in favor of Milieudefensie et al. The Court of Appeal overturned the District Court’s decision and rejected the claims.
AG Szpunar confirms in an opinion for the ECJ that the right for injured parties of a competition law infringement to assign their claims to a litigation vehicle for the purpose of starting damages proceedings follows directly from the cartel prohibition of Article 101 TFEU. Moreover, national rules that make the assignment of antitrust damages claims impossible or excessively difficult should be disapplied.
The International Comparative Legal Guide - Class and Group Actions 2025 has been published on 23 October 2025. Our colleagues Noor Hogerzeil, Simon Mineur and Damiën Berkhout have written the chapter on The Netherlands. This chapter provides an analysis of the Dutch class action system, and covers common issues including actions by representative organizations, court procedures, time limits, remedies, costs and funding.
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