Enforcing Mass Settlements in the European Judicial Area: EU Policy and the Strange Case of Dutch Collective Settlements (WCAM)

Abstract

Mass litigation and mass settlements are on the rise in Europe. In relation to the recognition and enforcement the academic debate so far has primarily focused on US class actions and settelements. This paper explores and evaluates the EU area of judicial cooperation in civil matters with a view to enforcement and collective redress, and particularly mass settlements. The question is whether, and to what extent, mass settlements are or should be enforceable within the EU. The discussion centres on the Dutch WCAM settlement as the most prominent example. Though this Dutch mass settlement mechanism has not yet resulted in numerous cases, it has involved a few prominent international cases (notably Shell and Converium) that have attracted attention worldwide.

Keywords: collective redress, mass settlements, recognition and enforcement, European judicial area, class actions

JEL Classification: K40, K41, K42, K13