Public interest litigation in the Netherlands:

Developments on admissibility in class actions

Public interest litigation is on the rise, especially in the Netherlands. As a result, Dutch class actions case law is undergoing significant development. The distinction between 'public interest' and 'group' class actions has become increasingly important in Dutch case law, especially for determining the admissibility requirements that apply to the interest organisations instituting such class actions. Moreover, opinions vary in the Netherlands on whether interest organisations claiming to act on behalf of the public interest should be able to request the judiciary to decide on important societal issues in the first place. As a consequence, the debate on public interest litigation via class actions and the admissibility requirements applicable to the organisation instituting them does not only occur in case law and legal literature, but is increasingly also taking place in the Dutch parliament.

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