The Netherlands

On behalf of the team

On 11 August 2021, the District Court of Midden-Nederland rendered a decision in Algemene Nederlandse Burger Belangenvereniging (ANBB) v. de vereniging Nederlands Huisartsen Genootschap (NHG).[1] The dispute pertains to ANBB’s application for a preliminary examination of nine witnesses. NHG opposes this preliminary examination of witnesses. Principally, it asserts that ANBB’s request should be declared inadmissible because the requirements of 3:305a DCC have not been met and ANBB has no interest in a preliminary examination of witnesses.

The District Court concluded that ANBB did not meet the various requirements laid down in Article 3:305a DCC for bringing a valid action. Neither its Articles of Association nor its other assertions in these proceedings made it plausible that it has a clearly and specifically described own interest in these proceedings. The District Court stipulated that there were no “similar interests” as referred to in Article 3:305a DCC. In addition, the object according to the articles of association is too abstract to establish that ANBB promotes specific interests. Nor has it been made sufficiently plausible that ANBB has the backing of a relevant support base regarding the issue in this case and is therefore sufficiently representative. The court declared ANBB’s request inadmissible.

[1] District Court of Midden-Nederland 11 August 2021, ECLI:NL:RBMNE:2021:3778.