Recognition of a 'WCAM' Settlement in Germany
24 Pages Posted: 22 Mar 2012 Last revised: 18 Apr 2012
Date Written: April 5, 2012
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: Suggested Citation