How The Netherlands Became a Hub for EU Class Actions

Product liability and mass torts partner Patrick Reilly and associate Eldin Hasic coauthored an article in Law360 with a Netherlands-based litigation partner at Houthoff for the second in their series on the EU’s Collective Redress Directive. The article, “How The Netherlands Became A Hub For EU Class Actions,” discusses the EU’s Collective Redress Directive and how the experience of class action litigation in The Netherlands offers a glimpse into what the European collective redress landscape could look like in the future.

According to the authors of the article, the directive expands mechanisms for class and mass action litigation, including in member states where such litigation has historically been uncommon or nonexistent altogether. 

The article focuses on The Netherlands, the country with the longest history and largest docket of class actions in the EU, to understand why it has become such a popular jurisdiction for plaintiffs. The authors note, “The Netherlands has been at the forefront of class and mass litigation in the EU, both historically with a relatively expansive approach to exercising personal jurisdiction and minimal restrictions on litigation funding and, more recently, with expansion of monetary damages and other remedies in 2020.”