Dutch Treat: The Dutch Collective Settlement of Mass Damage Act (WCAM 2005)

.. Introduction .. In the ambit of adding to the discussion on the design of a possible class action procedure for Europe, this contribution shall lay out certain main aspects of the Dutch Collective Settlement of Mass Damage Act (Wet Collectieve Afwikkeling Massaschade [WCAM]) of 2005. The act originated out of the deadlock in negotiations on a compensation scheme resulting from a mass of cases of cervical and breast cancer caused by DES, and is regarded as operating on the crossroads of tort law, substantive contract law, and civil procedure. In terms of design, it is a composite of a voluntary settlement contract sealed with a ‘judicial trust mark’ attached to the contract. Thus, the foundation of the WCAM is a contract between the alleged tortfeasor and an organisation representing the interests of the injured individuals.