Background information
Last summer, Emission Claim Foundation was the first to file a writ of summons against Renault. In the following period, two other initiatives applied to the court with similar claims. To structure the proceedings, the court decided to divide them into three phases. The first two phases deal with procedural issues, while the last phase is reserved for the substantive hearing of the claims. A detailed overview of the issues per phase can be found in the court's rolling decision of 23 March 2022.
Developments
On 8 December 2022, the hearing took place for the first, formal phase. This phase dealt with the following issues: the international jurisdiction of the court to hear the claims (jurisdiction), whether the new law of action (the WAMCA) or the old law of action (the WCA) applies, and whether the three foundations involved have a sufficiently concrete constituency to act as representative collective advocates.
Further proceedings
Judgement for the first hearing is expected on 8 February 2023, although this date may be postponed depending on the court's schedule. Following the judgment, the second formal phase will commence. Among other things, this phase will assess whether the claimants meet the other admissibility requirements imposed on collective advocates. Emission Claim Foundation is confident about this phase and will inform you further once the judgment has been rendered.
If you have any questions about the information provided, please contact us at the e-mail address info@emissionclaim.nl
