COLLECTIVE REDRESS

The Netherlands has two specific collective redress regimes: collective settlements procedure (WCAM after the applicable law) and collective action. A third option is the use of common procedural law with a special organisation collecting individual claims, often a Stichting (foundation).

The Stichting is also a common (though not the only) form in which the first two forms of collective redress operate. This is a normal foundation, with the statutory purpose of claiming damages on behalf of certain individuals (these are also called Claimstichting). The individuals pay a relatively small amount to participate in the foundation, which may be used to fund the costs (in particular legal costs), alternatively to resolve the matter by an amicable settlement (collective (WCAM) or only covering the participating individuals).