Compensation for professional claimants in class actions: striking a fair balance

Since 1 January 2020, class actions for damages have become possible in the Netherlands. On the one hand this provides avenues for consumers to get compensation where individual claims would not be (economically) feasible. On the other hand, there is a risk that this will lead to a “claim culture”, in which frivolous claims are brought, thus driving up costs for companies. The “business case” for professional claimants is an important tool for the Courts to regulate this; how much compensation is an appropriate incentive without being excessive?

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