The Declaratory Judgment - Between Remedy and Procedural Technique

Pre-edit version of a contribution to M. Pfeiffer, Liber Amicorum Monika Pauknerová, Wolters Kluwer CR 2021, p. 505-514

Amsterdam Law School Research Paper No. 2022-45

Amsterdam Centre for Transformative private law Working Paper No. 2022-06

9 Pages Posted: 15 Nov 2022

See all articles by Aukje A.H. Van Hoek

Aukje A.H. Van Hoek

University of Amsterdam Institute for Private Law

Date Written: November 15, 2022

Abstract

This contributions discussed a very technical issue of private international law that turned out to be crucial in several class actions held in the Netherland regarding torts committed in common law countries: Should the question whether courts in the Netherlands can issue a purely declaratory judgment on the tortiousness of certain behaviour or the liability of the defendant be considered to fall under the lex causae (the declaration being considered as a type of remedy), or rather be governed by lex fori (as being a procedural issue)? The author prefers a classification as procedural, but acknowledges that the case law on this issue doesn’t fully support this outcome. The question lost some of its relevance under the new law on class actions, but is still pertinent.

Keywords: private international law, declaratory judgment, collective action, classification of claims

JEL Classification: K49

Suggested Citation

Van Hoek, Aukje A.H., The Declaratory Judgment - Between Remedy and Procedural Technique (November 15, 2022). Pre-edit version of a contribution to M. Pfeiffer, Liber Amicorum Monika Pauknerová, Wolters Kluwer CR 2021, p. 505-514, Amsterdam Law School Research Paper No. 2022-45, Amsterdam Centre for Transformative private law Working Paper No. 2022-06, Available at SSRN: https://ssrn.com/abstract=4277628

Aukje A.H. Van Hoek (Contact Author)

University of Amsterdam Institute for Private Law ( email )

Amsterdam, 1000 BA
Netherlands

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