The Netherlands

On behalf of the team

Clara Wichmann (a foundation) et al. held the State liable for not compensating women for costs of contraception. On 2 June 2021, The Hague District Court[1], in a judgment that pertained solely to the admissibility of the case, appointed Wichmann as the exclusive representative.[2] The District Court ruled that the requirements of Article 3:305 DCC have been met because the foundation pursues a collective interest (an equal society for, inter alia, men and women) and an idealistic purpose without a claim for damages (so that the admissibility requirements from Article 3:305(2) DCC need not be met). The District Court already announced that it would declare the individual claimants not to have a cause of action in the final judgment, because they had lodged their claims (only) to declare their support.

[1] Interlocutory judgment The Hague District Court 2 June 2021, case number / cause-list number: C/09/588600 /HAZA 20-181.

[2] Incidentally, the case was unsuccessful for Clara Wichmann et al., as evidenced by the judgment of The Hague District Court of 6 October 2021.