The Netherlands

On behalf of the team

In the case against, three interlocutory judgments have so far been rendered. The first two of these have been discussed in Q4 2020. On 28 October 2020 the court ruled that Stop Online Shaming was to be appointed as the exclusive representative. Expertisebureau Online Kindermisbruik is also allowed to perform litigation actives, but only with regard to children. On 18 November 2020 the court proposed the manner in which the case would be announced. The court proposed 1) a text to be published in national newspapers and 2) a text on the Dutch case law website informing potential Dutch victims how to opt out and potential non-Dutch victims how to opt in. On 24 February 2021 the court published the final texts to be published. Interestingly, the defendant argued that the text should be as neutral as possible. The court agrees with this argument in principle, but considers that the text and headline should draw attention. Therefore, preference was given to a slightly less neutral text. The final text is published in the collective claims register. The judgments demonstrate the practical aspects of the opt-in/opt-out character of class actions and the manner in which the court deals with such aspects.