In October 2020, on behalf of affiliated IP rightsholders, the BREIN foundation instituted an injunction action against ExpatsIPTV, claiming that its streaming services infringe IP rights. In that respect, BREIN asserted that it did not have to comply with the locus standi requirements from Article 3:305a (2) and (5) of the Dutch Civil Code because it was pursuing an objective of principle and was not seeking damages. ExpatsIPTV had taken its website offline following previously granted preliminary relief. According to BREIN, this class action in the form of proceedings on the merits was necessary because ExpatsIPTV had not provided a sufficient undertaking to the effect that it would cease the services. BREIN is also seeking a great deal of information and substantiation regarding the alleged infringements, the parties involved and the proceeds of the infringements. Such proceeds could prompt subsequent actions for damages. [1]
Dear Reader,
We’re proud to present an entirely revamped Q Class Actions Update.
And if we may say so ourselves, we think it’s a great improvement.
Firstly, from this quarter onwards, class actions in the broad sense of the term will take centre stage. Not least because class actions are a hot topic across the globe at the moment. Particularly so in the Netherlands, where, for example, numerous cases are being initiated pursuant to new legislation. We will monitor the resulting slew of case law for you. And of course, we’ll continue to focus on developments related to cartel damage.
Secondly, Q is now presented in website format, not only making it more of a pleasure to read but also enabling readers to consult it as a source of information. Many will find the easily-searchable database useful. We’re pleased to contribute in this way to further developments in the field of class actions.
Louis Berger & Hans Bousie
