Mass Claims



Published by:
Den Hollander, [email protected],
Editorial Board
Machteld de Monchy, Chairwoman (Partner at De Brauw Blackstone Westbroek)
Duncan Fairgrieve (Professor at Université Paris-Dauphine)
Jeroen Kortmann (Professor at University of Amsterdam and Partner at Stibbe)
Till Schreiber (Managing Director of CDC Cartel Damage Claims)
Ianika Tzankova (Professor at Tilburg University and Founding Partner at Birkway)
Editorial Bureau
Assistant to the Editorial Board
Justyna Niemczyk, [email protected] (+31 20 577 1721)
National Rapporteurs
Fernando Aguilar de Carvalho, Portugal (Partner at Uria Menendez)
Maria José Azar-Baud, France (Professor at the University of Paris-Saclay)
Daniel Beard QC, England (Barrister at Monckton Chambers)
Miklos Boronkay, Hungary (Partner at Szecskay)
Hakim Boularbah, Belgium (Partner at Loyens & Loeff)
Jakob Dahl Mikkelsen, Denmark (Director at Kromann Reumert)
Anna Dannreuther, England (Barrister at Field Court Chambers)
Catherine Derrig, Ireland (Partner at McCann FitzGerald)
Tanja Domej, Switzerland (Professor at the Univerisity of Zurich)
Ariel Flavian, Israel (Partner at Herzog, Fox & Neeman and Professor at Haifa University)
Joanna Fulton, Scotland (Partner at Burness Paull)
Sylvie Gallage-Alwis, France (Partner at Signature Litigation)
Cristian Gual Grau, Spain (Partner at Uria Menendez)
Paul Hitchings, Spain (Managing Partner at Hitchings & Co)
Csongor Istvan Nagy, Hungary (Professor at the University of Szeged)
Augusta Maciuleviciute, Pan-EU (Senior Legal Officer at the BEUC)
Jackie McArthur, England (Barrister at Essex Court Chambers)
Andreas Meidell, Norway (Partner at Thommessen)
Paul Oberhammer, Austria (Of Counsel at WilmerHale)
Miguel Sousa Ferro, Portugal (Professor at the University of Lisbon Law School)
Astrid Stadler, Germany (Professor at the University of Konstanz)
Eva Storskrubb, Sweden (Counsel at Roschier)
Daniele Vecchi, Italy (Partner at GOP)
Stefaan Voet, Belgium (Professor at KU Leuven)
Johanna Wirth, Germany (Partner at Hengeler Mueller)
Special Rapporteurs
Kimela Shah (Principal at Oxera): Economic analysis in the context of litigation and arbitration
Advisory Board
Edward Belobaba, Canada (Judge with the Superior Court of Justice in Ontario)
Robert Michael Dow Junior, United States (District Judge of the United States District Court for the Northern District of Illinois)
Mieke Dudok van Heel, The Netherlands (Judge at the Court of Amsterdam)
Wim Driehuis, The Netherlands (Emeritus Professor Economics and Business at the University of Amsterdam)
Deborah Hensler, United States (Professor of Dispute Resolution and Associate Dean for Graduate Studies at Stanford Law School)
Burkhard Hess, Pan-EU (Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law)
Jasminka Kalajdzic, Canada (Associate Professor and Director of the Class Action Clinic at Windsor Law)
Georg Kodek, Austria (Judge at the Austrian Supreme Court)
Bernard M. Murphy, Australia (Judge with the Federal Court of Australia)
María Arántzazu Ortiz, Spain (Judge at the Appeal Court of Mallorca)
Fabian Reuschle, Germany (Judge at the Stuttgart Regional Court)
Lee Rosenthal, United States (Chief United States District Judge of the United States District Court for the Southern District of Texas)
Peter Roth, England (President of the UK Competition Appeal Tribunal)
Diana Wallis, England (ex-Vice President of the European Parliament)
© Den Hollander B.V.
All rights reserved. Subject to the exceptions provided for in copyright law, no part of this publication may be reproduced (including storage in a retrieval system) or made public in any way whatsoever without the prior written permission of the publisher.


Mass Claims, Communication and the Shaping of Society and Democracy
Mass Claims · 2023-1
Introduction · 24-07-2023
Author: L.S. Frakes
Spill a cup of coffee Make a million dollars   sang Toby Keith in 2009, as he ironically listed things that make America what it is today. Referring to a fast-food customer who spilled coffee in the car on the way to work and won a large p...


An Inquiry Into the Swiss Class Action Regime and Learnings from the Australian Experience
Mass Claims · 2023-1
Article · 25-07-2023
Author: D. Juri
  While class action procedures are spreading around the world, the Swiss legislator is struggling to find a meaningful regime for collective redress. This article describes the current Swiss legal framework and explains why associative act...
The developing field of ESG law and mass claim instruments: a challenging combination
Mass Claims · 2023-1
Article · 24-07-2023
Authors: D.C. Roessingh, J.W. de Boer
ESG is a broad concept entailing several – or: many – aspects of sustainable conduct. Mass claims based on private law notions have long been an instrument in pursuing interests that would nowadays be dubbed to be part of the developing fie...
Interview with Mr Axel Voss
Mass Claims · 2023-1
Article · 24-07-2023
Authors: J.S. Kortmann, T. Schreiber
            Q: You are a Member of the European Parliament and are a key member of the Committee on Legal Affairs. Please give our readers some background about you and your political agenda.   A: Sure; I have been an MEP since 2009 and am...
Organisation and Design of Collective Redress in Europe
Mass Claims · 2023-1
Article · 24-07-2023
Authors: A.H. Hotter, F. Scholz-Berger
The national provisions transposing the Representative Actions Directive should have been adopted and published by December 2022. Despite that, numerous Member States have failed to do so. The Workshop "Organisation and Design of Collective...
Marks & Clerk and Prismall: a continued development of representative actions in English case law
Mass Claims · 2023-1
Article · 24-07-2023
Authors: K. Thomas, T.G. Otter
Recent case law developments in England suggest that it may be possible for the English Civil Procedure Rule 19.8 to be applied more broadly than has previously been countenanced, at least in recent history, with a wider interpretation bein...
Country reports
Mass Claims · 2023-1
Article · 24-07-2023
England and WalesAnna DannreutherCase law Município de Mariana v BHP Group (UK) Ltd [2022] EWCA Civ 951 The Supreme Court has refused permission to appeal in this case brought by 202,600 Brazilian claimants seeking compensation for damage c...