WAMCA Procedure Explained for Delft
The WAMCA procedure (Act on the Settlement of Mass Damage in Collective Actions) helps consumers and residents of Delft jointly claim compensation from companies or public authorities causing mass damage. Since January 1, 2020, this legislation provides a clear pathway for collective settlements, with strict requirements for initiators and strong protections for those affected, such as Delft residents.
What Does the WAMCA Procedure Entail for Delft?
In Delft, groups of residents can collectively pursue damages for mass harm, such as defective products, misleading advertisements, or data breaches. This approach consolidates claims to reduce costs and increase success rates, building on collective actions. The proceedings take place at the District Court of The Hague, which has exclusive jurisdiction. Delft residents can seek advice from the Legal Aid Desk Delft.
Legal Basis
The WAMCA is codified in Title 3A of Book 3 of the Dutch Civil Code (DCC), Articles 7:178 to 7:191. Compared to the former WCAM (2005), it introduces an opt-in system for consumers and stricter standards for representative organizations. This strengthens consumer rights in line with EU rules, such as the Representative Actions Directive.
WAMCA Procedure in Steps
The procedure follows a fixed pattern. Here are the steps:
- Summons: A qualified representative organization (ANBI with representative rights) initiates proceedings at the District Court of The Hague, providing details on the damage, affected parties, and compensation.
- Hearing: Within 13 weeks, the court assesses admissibility; parties are heard.
- Admissibility Ruling: If approved, publication via media and website. Consumers in Delft have 3 months to opt in.
- Damage Assessment: Settlement binding on participants; otherwise, calculation proceeds individually or collectively.
- Enforcement and Appeal: Settlement or judgment is enforced; appeal to the Court of Appeal of The Hague.
Proceedings typically last 1-3 years, depending on the case.
Admissibility Requirements
The District Court of The Hague verifies five criteria (Art. 7:181 DCC):
- Adequate representative organization.
- Reasonably sufficient interest.
- Mass damage resulting from a breach of liability law.
- No statute of limitations.
- Suitable for collective handling.
If rejected, individual claims at the District Court of The Hague remain available.
Rights and Obligations
Rights of Affected Parties in Delft
- Free information via website and media.
- Voluntary opt-in (consumers) or opt-out (others).
- Compensation upon success.
Obligations of Representative Organization
- Transparent funding (third-party funding permitted).
- No profits; costs borne by defendant.
- Regular updates.
Obligations of Defendant
Cooperate in assessment and claims register.
Practical Examples
Example 1: Dieselgate. Foundation pursued WAMCA claim for defeat devices; declared admissible in 2021, with many Delft residents joining.
Example 2: Telecom Data Breach. Representative organization secured settlement for hacking victims, including local affected parties.
In Delft, this demonstrates value in consumer cases, e.g., with local suppliers.
WAMCA vs. Former WCAM
| Aspect | WCAM (until 2020) | WAMCA (since 2020) |
|---|---|---|
| System | Opt-out | Opt-in for consumers |
| Initiator | Foundation | ANBI organization |
| Court | Rotterdam | The Hague |
| Damage Claim | Settlement only | Settlement + claim |
| Binding | All | Opt-in parties |
FAQs for Delft
I'm not a consumer, can I participate?
Yes, non-consumers (e.g., Delft SMEs) via opt-out. Check consumer law or Legal Aid Desk Delft.
Why the District Court of The Hague?
Exclusive jurisdiction for efficiency (Art. 7:184 DCC). Local cases elsewhere.
Costs?
None for you; defendant pays. No-win-no-fee for organizations.
Claim individually?
Yes, file yourself at District Court of The Hague; mind the statute of limitations.
Tips for Delft Residents
- Stay informed via Municipality of Delft and national media.
- Contact Legal Aid Desk Delft for free advice.
- Join opt-in periods promptly.
- Document your damage thoroughly.