On 20 February 2021, the District Court declared the class action lodged against the State by Stichting Pensioenbehoud en Katholieke Bond van Ouderen in Noord-Brabant to be admissible.[1] The State’s defence that the claimants do not have a cause of action and have insufficient interest within the meaning of Article 3:303 DCC had failed.

However, the District Court then went on to reject the claimants’ claims. The claimants asserted that Article 15 of Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (“Directive“) has been implemented incorrectly in Dutch legislation. The District Court ruled that there is no question of Article 15 of the Directive having been incorrectly implemented. The District Court also saw no reason to refer questions to the Supreme Court for a preliminary ruling.

[1]The Hague District Court 20 February 2021, ECLI:NL:RBDHA:2021:944, PJ 2021/37.