The Dutch Preliminary Ruling Procedure in the Light of the European Directive on Representative Actions

Abstract Dutch civil law allows courts of first and second instance to refer preliminary questions to the Supreme Court. In mass claim disputes there may be a concurrence between the safeguards of the preliminary ruling procedure and the protection provided by Directive 2020/1828 on representative actions for the protection of the collective interests of consumers. This working paper addresses several issues regarding this concurrence. These include legal certainty, the influence of non-parties, the costs and the duration. The authors come to the conclusion that the preliminary ruling procedure can be very useful in mass claim disputes, albeit that both the lower courts and the Supreme Court need to align their practice more closely with the safeguards of the Directive on a number of points. These findings may be relevant for other European jurisdictions that recently introduced a preliminary ruling procedure, or that are about to insert a preliminary ruling procedure in their civil procedural law system.

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Publication Details

Journal
International journal of procedural law.
Published
2024-09-05
DOI
https://doi.org/10.1163/30504856-14010005
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Dutch Preliminary Ruling Procedure in the Light of the European Directive on Representative Actions

A.G. Castermans, Bart Krans, Marije Ploum
International journal of procedural law.
European and International Law Studies
article

The Dutch Preliminary Ruling Procedure in the Light of the European Directive on Representative Actions

A.G. Castermans, Bart Krans, Marije Ploum
article en

Abstract

Abstract Dutch civil law allows courts of first and second instance to refer preliminary questions to the Supreme Court. In mass claim disputes there may be a concurrence between the safeguards of the preliminary ruling procedure and the protection provided by Directive 2020/1828 on representative actions for the protection of the collective interests of consumers. This working paper addresses several issues regarding this concurrence. These include legal certainty, the influence of non-parties, the costs and the duration. The authors come to the conclusion that the preliminary ruling procedure can be very useful in mass claim disputes, albeit that both the lower courts and the Supreme Court need to align their practice more closely with the safeguards of the Directive on a number of points. These findings may be relevant for other European jurisdictions that recently introduced a preliminary ruling procedure, or that are about to insert a preliminary ruling procedure in their civil procedural law system.

International journal of procedural law.Vol. 14(1)
Leiden University (NL), European University Institute (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 76%
European and International Law Studies
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