Book contents
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- 9 English Systems of Multiparty Litigation
- 10 Class Actions in Switzerland
- 11 Class Actions in Belgium
- 12 The New Italian Regulation on Class Actions
- 13 Collective Litigation in German Civil Procedure
- 14 Class Action à la française
- 15 The Dutch Mechanisms for Collective Redress: Solid, and Excellent within Reach
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
11 - Class Actions in Belgium
from Part III - Europe
Published online by Cambridge University Press: 29 January 2021
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- 9 English Systems of Multiparty Litigation
- 10 Class Actions in Switzerland
- 11 Class Actions in Belgium
- 12 The New Italian Regulation on Class Actions
- 13 Collective Litigation in German Civil Procedure
- 14 Class Action à la française
- 15 The Dutch Mechanisms for Collective Redress: Solid, and Excellent within Reach
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
Summary
After years of debate and several failed attempts by various political parties, Belgium enacted its first general Class Action Act on March 24, 2014 (hereafter BCAA). The Act reflects views commonly held by European policymakers on the desirability of class actions. Its scope is limited to the enforcement of an exhaustively listed number of specific statutory provisions, mainly dealing with consumer protection. Actions can only be brought by certain representative organizations, recognized as such by the government, not by ad hoc lead plaintiffs. Only traditional consumer protection groups have been recognized, while Deminor, the most important plaintiff in collective shareholder litigation, has been excluded. The presiding judge has to decide whether the class action will proceed on an opt-in or opt-out basis.
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- Information
- The Cambridge Handbook of Class ActionsAn International Survey, pp. 194 - 216Publisher: Cambridge University PressPrint publication year: 2021