In the third installment in our series of programs on the private enforcement of competition law in European jurisdictions, partner Gerjanne te Winkel and associate Sophie van de Graaff discuss developments in the...more
The Situation: Belgian class actions are currently available to consumers, as well as small and medium-sized enterprises ("SMEs") seeking damages from businesses for violations of a number of EU and Belgian...more
The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more
7/25/2019
/ Arbitration ,
Bilateral Investment Treaties ,
Corporate Social Responsibility ,
Foreign Investment ,
ICSID ,
International Arbitration ,
Investor Protection ,
Investor State Dispute Settlement (ISDS) ,
Investors ,
Netherlands ,
UNCITRAL
The Situation: The Netherlands has a comprehensive system for collective actions and the collective settlement of claims but currently, there is no possibility to seek monetary damages in collective actions.
The...more
Specially designed for large and complex international commercial disputes, the NCC offers effective and economical litigation options.
In December 2018, the Dutch Senate unanimously passed legislation to introduce the...more
The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more
6/13/2018
/ Class Action ,
Collective Redress ,
Consumer Protection Laws ,
Cross-Border ,
Declaratory Judgments ,
Disclosure Requirements ,
EU ,
European Commission ,
Injunctive Relief ,
Member State ,
Proposed Legislation
The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more
The Situation: The recent EU Commission proposal for a tightening of consumer protection regulations envisages, in one of its pillars, to step up government enforcement of EU consumer rules, including by introducing a...more