Can an individual start a collective action?
No. Under Dutch law, individuals are not allowed to bring collective actions, or enter into collective settlements; only non-profit representative organisations have this right. A representative organisation is a foundation or an association which represents the interests of a group of claimants in accordance with the objects described in its articles of association. This can be an established consumer or investors’ organisation but a special entity can also be set up for this purpose. Often, a collective action is the result of a coordinated effort by an established organisation and one set up specifically in connection with the litigation.
