TY - JOUR

T1 - Recognition of a WCAM Settlement in Germany

AU - Halfmeier, Axel

PY - 2012

Y1 - 2012

N2 - The Dutch ‘Wet Collectieve Afwikkeling Massaschade’ (WCAM) [Collective Settlements Act] has emerged as a noteworthy model in the context of the European discussion on collective redress procedures. It provides an opportunity to settle mass claims in what appears to be an efficient procedure. As the WCAM has been used in important transnational cases, this article looks at questions of jurisdiction and the recognition of these court-approved settlements under the Brussels Regulation. It is argued that because of substan-tial participation by the courts, such declarations are to be treated as ‘judgments’ in the sense of the Brussels Regulation and thus are objects of recognition in all EU Member States. Written from the perspective of the German legal system, the article also takes the position that the opt-out system inherent in the WCAM procedure does not violate the German ordre public, but is compatible with fair trial principles under the German Constitution as well as un-der the European Human Rights Convention. The WCAM therefore appears as an attractive model for the future reform of collective pro-ceedings on the European level.

AB - The Dutch ‘Wet Collectieve Afwikkeling Massaschade’ (WCAM) [Collective Settlements Act] has emerged as a noteworthy model in the context of the European discussion on collective redress procedures. It provides an opportunity to settle mass claims in what appears to be an efficient procedure. As the WCAM has been used in important transnational cases, this article looks at questions of jurisdiction and the recognition of these court-approved settlements under the Brussels Regulation. It is argued that because of substan-tial participation by the courts, such declarations are to be treated as ‘judgments’ in the sense of the Brussels Regulation and thus are objects of recognition in all EU Member States. Written from the perspective of the German legal system, the article also takes the position that the opt-out system inherent in the WCAM procedure does not violate the German ordre public, but is compatible with fair trial principles under the German Constitution as well as un-der the European Human Rights Convention. The WCAM therefore appears as an attractive model for the future reform of collective pro-ceedings on the European level.

KW - Law

KW - WCAM Settlement

UR - http://www.nipr-online.eu/pdf/2012-265.pdf

M3 - Journal articles

VL - 30

SP - 176

EP - 184

JO - Nederlands Internationaal Privaatrecht

JF - Nederlands Internationaal Privaatrecht

SN - 0167-7594

IS - 2

ER -