Digital workshop European Civil Studies
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Out now: Financing Collective Actions in The Netherlands
The book Financing Collective Actions in the Netherlands: Towards a Litigation Fund? has just been published (Eleven International Publishing 2024) and is available open access. The book is authored by the Rotterdam Vici team members Xandra Kramer and Jos Hoevenaars, and Ianika Tzankova and Karlijn van Doorn (both TilbUniversity). It is an English and updated version of a Study commissioned by the Dutch Research and Documentation Centre of the Ministry of Justice, published in September 2023. It discusses developments in Dutch collective actions from a regulatory perspective, including the implementation of the RAD, and contains a quantitative and qualitative analysis of cases that have been brought under the WAMCA. It examines funding aspects of collective actions from a regulatory, empirical and comparative perspective. It delves into different funding modes, including market developments in third party litigation funding, and addresses the question of the necessity, feasibility, and design of a (revolving) litigation fund for collective actions.
A launch event and webinar will take place on 3 July from 15-17.15 hrs CET. Registration for free here.
Published: August 23, 2020
Xandra Kramer participated as a commentator in a digital workshop organized by the Swedish Network for European Legal studies and Uppsala University on 20 August 2020. Xandra discussed a paper presented by Eva Storskrubb on the European Acccount Preservation Order.
The paper focused on the question whether the Regulation needs improvement. Xandra pointed to a number of issues that makes the implementation of this Regulation in the diverse legal systems of attachment and enforcement in the Member States particularly difficult. These include the intertwinement with substantive law, debt and insolvency law and the involvement of third parties. Recent case law and empirical research in a number of Member States shows that so far this Regulation is not used often in practice. It seems too early to draw firm conclusions as to whether the Regulation needs amendment or whether further harmonisation is required.