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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.

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Published: March 5, 2020

Jos Hoevenaars was interviewed for the Dutch magazine for the legal profession ‘Het Advocatenblad’ about his insight into the experiences of lawyers who find themselves litigating before the European Court of Justice after their case is referred though a reference for a preliminary ruling. In the interview (freely translated: ‘Court of Justice? Experience Needed!’) he discusses his empirical research among Dutch lawyers and paints a picture of generally overwhelmed professionals scrambling for assistance among EU law scholars, while making the best of their opportunity to plead before the ECJ, often in opposition to a group of well-trained EU law experts appearing on behalf of intervening Member States. His work on the reference procedure highlight the inequality in representation before the ECJ and its potential negative impact on the Court’s caselaw and its national consequences.