Recognition of a 'WCAM' Settlement in Germany

24 Pages Posted: 22 Mar 2012 Last revised: 18 Apr 2012

See all articles by Axel Halfmeier

Axel Halfmeier

Leuphana Universität Lüneburg

Date Written: April 5, 2012

Abstract

The settlements under the Dutch WCAM procedure, in particular in the Shell and Converium cases, pose new issues with regard to recognition and enforcement in the European Union. The paper comes to the conclusion that such decisions are to be recognized in the EU as judgments according to the Brussels Regulation. In particular, from the viewpoint of the German legal system, they do not – notwithstanding the particulars of a specific case – violate the German order public; therefore they are in principle to be recognized by German courts.

Keywords: WCAM, class actions, settlements, Brussels Regulation

JEL Classification: K41

Suggested Citation

Halfmeier, Axel, Recognition of a 'WCAM' Settlement in Germany (April 5, 2012). Available at SSRN: https://ssrn.com/abstract=2026701 or http://dx.doi.org/10.2139/ssrn.2026701

Axel Halfmeier (Contact Author)

Leuphana Universität Lüneburg ( email )

Scharnhorststraße 1
Lüneburg, 21335
Germany

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