Articles of Association
OUR MISSION
The Consumer Justice Foundation aims to bring access to justice to Dutch citizens through comprehensive collective legal claims. Backed by expert litigators and sound funding, the Consumer Justice Foundation unites many consumers under a common claim, giving Dutch consumers more leverage and less risk. We operate all cases without upfront costs, on a no-win, no-fee basis. Below, you can find more information regarding current cases and our governance structure. The Foundation plans to pursue other cases in the relevant areas of law in the near future.
OUR CLAIMS
VARIABLE RATE ENERGY CLAIM
Since April 1, 2017, Vattenfall, Eneco, Essent, Energiedirect, Budget Thuis, Greenchoice, Greenchoice Zakelijk, ENGIE, Oxxio, and Vandebron have applied a modification clause to their (general terms and conditions of) variable energy contracts with consumers and small businesses, allowing them to unilaterally change supply rates. The amendment clause in variable energy contracts from Dutch energy suppliers has been found by both the District Court and the Court of Appeal in Amsterdam to be unlawful, insufficiently transparent, and therefore in violation of European and Dutch consumer law.
The Consumer Justice Foundation’s collective claim is significant and comprehensive in three key ways: 1) It includes all 10 major energy suppliers, covering the full range of energy companies that allegedly applied unfair contract clauses. 2) It ensures representation of both households (consumers) and small businesses who have also faced the same sudden hikes and contractual traps, and which form the backbone of the Dutch economy. 3) It is the first to combine consumer and competition legal arguments together. In plain terms, it argues not only that the contract terms were unfair, but also that energy suppliers concerted and behaved in a way that limited competition, enabling them to raise prices at the same time or in similar ways. Using both areas of law strengthens the case and shows that the problem wasn’t just individual contracts, but a wider issue in the market.
The Consumer Justice Foundation is therefore seeking compensation for the harm already done, as well as changes to stop these practices in the future and restore fairness in the Dutch energy market.
Current update in the energy claim:
February 6, 2026: In the variable rate energy contract case, the Consumer Justice Foundation continues to bookbuild, seeking to represent both Dutch households and small businesses. Our multifaceted push has earned the Consumer Justice Foundation mentions in Dutch media, including De Telegraaf, ANP, Dutch News and other outlets. The Consumer Justice Foundation has retained the prestigious law firm bureau Brandeis to assist with the Foundation's mission.
APPLE APP STORE ANTITRUST CLAIM
The Foundation seeks to assist Dutch developers of Apple iOS applications and in-app digital products. These digital products provide essential functionality to Apple's iPhones, iPads and iPod Touch devices. They allow users to, among other things, pay bills, socialize, stream audio and video, monitor current events, and play games. iOS applications and in-app products bring Apple's mobile products to life and substantially enhance their value and functionality.
Through exclusionary and exploitative conduct, Apple exercises complete dominance in the market for iOS (and iPadOS) applications and in-app digital product distribution services. Apple secured this market position by barring developers from selling their iOS applications outside Apple's own App Store.
Apple's abuse of its dominant position has caused developers to pay excessive prices for the distribution of iOS applications and in-app products, causing damage to iOS developers. At the same time, Apple has profited unlawfully, resulting in an unjust enrichment. Apple has violated EU and Dutch competition law. By means of specific rules on private enforcement, these laws offer direct protection to citizens and undertakings, including iOS developers, who have suffered damages as a consequence from these violations.
Current update in the Apple claim:
02 December 2025 – In the Apple iOS developer case, the Court of Justice of the European Union announced a judgment of the court stating Netherlands courts have jurisdiction to hear a representative action concerning the alleged anticompetitive conduct of Apple in relation to its App Store aimed at the Netherlands market. The court recalled settled case-law which allows the claimant in the case to bring the action. “In that context, the Court finds that that identification of the place where the damage occurred, in order to determine the court having jurisdiction, meets the objectives of proximity, predictability of the rules governing jurisdiction, and the sound administration of justice,” it stated in its press release.
PARTNERS
The Foundation has retained the prestigious law firms of bureau Brandeis in the Energy Claim and Kennedy Van der Laan in the Apple Antitrust Claim, in collaboration with Hagens Berman EMEA LLP as the funder of the claims, to assist with the Foundation's mission. More information on these firms can be found at bureaubrandeis.com, kvdl.com, and hbemealaw.com. Hagens Berman EMEA LLP is the sibling office of US-based Hagens Berman Sobol Shapiro LLP (hbsslaw.com), which was named as top US class-action practice of the year for its pioneering work in this area of law.
OUR GOVERNANCE
In order to promote transparency and give you a better understanding of our work, we would like to explain in detail how our Foundation upholds compliance and how it is governed through various entities and management protocols. These entities include the Foundation itself, its funder, a board of directors, the board’s own supervisory group – the supervisory board, a management board, as well as the law firm litigating on behalf of those harmed by various kinds of fraud.
The Consumer Justice Foundation is a Dutch legal entity (a foundation, or ‘stichting’ in Dutch) established as a non-profit organization to represent the interests of those affected by the wrongdoings of corporations. The Foundation is financed by Consumer Justice Funding B.V. This litigation funder is managed by two lawyers from the law firm Hagens Berman EMEA LLP.
Our Foundation is governed by a supervised board of directors, whose activities are managed by the Claim Code. The board of directors is obliged to comply with this Code and report on it annually. Board members receive a fee for expenses related to the functioning of the Foundation and for attending meetings. These amounts are determined by the Supervisory Board. The board meets as often as the directors call a meeting and each director has one vote.
The supervisory board oversees the policy and strategy of the board of directors and the general affairs of the Foundation. The supervisory board also advises the management board, an additional key component to our governance. The supervisory board meets at least once a year and each member has one vote.
Additional information about our board members:
- Board members are reimbursed with compensation of €250 per hour for their efforts. Reasonable travel, accommodation and meal costs will also be reimbursed.
- None of the board members has a conflict of interest with the Foundation, nor any interest that would jeopardize their independence.
- The Consumer Justice Foundation is funded by Hagens Berman Sobol Shapiro LLP through Hagens Berman EMEA LLP in London. In exchange for funding, developing and supporting the procedure and for its expertise in these areas, Hagens Berman receives 25% of the compensation realized by the Foundation.
Our lawsuits against companies who engage in wrongful acts are brought on a no-win, no-fee basis. If there is a surplus after payment of the benefits that is not claimed by represented claimants, we will use this surplus as much as possible in accordance with the Foundation's goals.