05.02.2018 BE law Stibbe advises Proximus on a broad variety of matters Experience - We advise Proximus, a listed company and longstanding client, on a broad variety of matters, including innovative partnerships, regulatory compliance, M&A and finance projects, and dispute resolution. Read more Bruno Lombaert Partner Brussels
19.08.2015 NL law Stibbe advises Egeria Experience - Stibbe advises Egeria and its subsidiary company RCPT Beheer B.V., on the acquisition of Imtech Traffic & Infra. With approval of the trustees of Royal Imtech N.V. the banks have sold the shares in the division Imtech Traffic & Infra – excluding the Belgian activities which are part of this division. The sale of the division Imtech Traffic & Infra is part of the earlier announced bankruptcy of Royal Imtech N.V. Read more Team: Duco de Boer, Ingmar de Groot, Paul Vestering, Bianca Geuze-Draaijer, Erik Verweij
17.02.2014 NL law Stibbe advises Indover Bank Experience - Representing the trustees of Indover Bank in a major dispute with Bank Indonesia. Indover Bank was a Dutch merchant bank and a 100% subsidiary of Bank Indonesia, the central bank of the Republic of Indonesia. Indover Bank was declared bankrupt in December 2008. In legal proceedings before the District Court of Amsterdam, the trustees refuse the validation of a claim from Bank Indonesia to the amount of EUR 43 million and have submitted a counterclaim of at least EUR 71 million. According to the trustees, Bank Indonesia breached a guarantee under which Bank Indonesia had obliged itself to enable Indover Bank to meet its obligations. Read more Team: Toni van Hees, Winfried van Hemel, Branda Katan
11.07.2012 NL law Stibbe advised Heineken Experience - Stibbe acted for Heineken on various matters, including in a bankruptcy of Plassania, a major Dutch catering company that operated tens of pubs and other catering establishments and in summary proceedings against Olm for selling barrels of beer to bars and cafes in the Netherlands, Ireland and Germany, branded as Heineken but actually containing Olm beer. Read more Team: Gertjan Boekraad, Tim de Greve, Branda Katan
04.06.2019 NL law Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents Short Reads - In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents. If the signatory unambiguously denies that the signature on the document is his or hers or claims that another party has tampered with the signature (for instance, through forgery or copying a signature from one document and pasting it in another), it is up to the party invoking the signed document to prove the signature's authenticity (ECLI:NL:HR:2019:572). Read more Wouter den Hollander Associate Amsterdam
21.03.2019 NL law 15 aspects of Brexit you did not know Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario. Read more Team: Derk Lemstra, Judica Krikke, Floris ten Have, Astrid Helstone, Jeroen Kortmann, Job van Hooff, Reinout de Boer, Martin In de Braekt, Rogier Raas, Anna Collignon, Jasper Klopper
15.02.2019 NL law Commercial interest on overdue interest payments on a loan – uncertainty remains Short Reads - If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. If a car dealer buys the same car from an importer and fails to pay the purchase price on the agreed date, that car dealer has to pay commercial interest, which is a much higher rate, instead of the normal statutory interest (Clause 6:119a DCC). Read more Petra Vos Senior Associate Amsterdam
18.01.2019 NL law Special regulation on franchise agreements proposed: more protection for franchisees Short Reads - On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements. The Explanatory Memorandum mentions that franchisees believe that franchisors have a more dominant position within their relationship. Read more Cas Michiels Junior Associate Amsterdam
21.05.2019 BE law The International Comparative Legal Guide to Corporate Recovery & Insolvency 2019 - Belgian chapter Articles - This Guide covers common issues in corporate recovery and insolvency - including issues that arise when a company is in financial difficulties, insolvency procedures, cross-border issues - in 30 jurisdictions. Pieter Wouters and Paul Van der Putten of Stibbe Brussels' Litigation department contributed to the Belgian chapter of the ICLG. Read more Team: Pieter Wouters, Paul Van der Putten
13.03.2019 NL law Financial Services Disputes in the Netherlands Articles - What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction? Who has a right of action in financial services disputes? Does it make a difference if the customer is an individual or a commercial entity? Is there a specialist court or specialist judges for financial services litigation? Roderik Vrolijk and Daphne Rijkers provide answers to these and other questions about financial services disputes in the Netherlands. Read more Team: Roderik Vrolijk, Daphne Rijkers
29.01.2019 NL law How to remedy a default under Dutch law? Short Reads - Under Dutch law, a debtor can remedy a default by offering to perform its obligations at a later date. Such an offer, however, has to include an offer to pay for damages and costs incurred as a result of the default (art. 6:86 DCC). If the creditor refuses to accept an offer that meets such criteria, the creditor will be in default. Read more Barber Boekraad Senior Associate Amsterdam
09.01.2019 NL law Stibbe launches website on the new Netherlands Commercial Court Short Reads - To coincide with the opening of the Netherlands Commercial Court on 1 January 2019, Stibbe has launched a new website to provide you with the latest developments on this new international court. Read more Team: Matthijs Kuijpers, Jeroen Kortmann, Fons Leijten, Branda Katan
04.04.2019 NL law European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract. A judgment with foreseeable consequences? Short Reads - Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor's possibilities of collecting the debt. In civil law countries, a creditor can invoke the nullification of that legal act by means of a so-called actio pauliana. This raises the question of which court has jurisdiction in the case of an international dispute, regarding an actio pauliana, that is instituted by a creditor against a third party? Read more Cas Michiels Junior Associate Amsterdam
08.03.2019 NL law Stibbe book on the Netherlands Commercial Court published Short Reads - To coincide with the opening of the Netherlands Commercial Court, Matthijs Kuijpers of Stibbe Amsterdam has released a book setting out all relevant information concerning this new international court and what it may offer parties to future international commercial litigation. Read more Team: Matthijs Kuijpers, Renske Steinvoort
29.01.2019 NL law Netherlands Commercial Court van start Short Reads - Op 1 januari 2019 zijn op basis van de Wet Netherlands Commercial Court het Netherlands Commercial Court (NCC) en het Netherlands Commercial Court of Appeal (NCCA) van start gegaan. Bij het NCC kunnen internationale handelsgeschillen voor een gespecialiseerde overheidsrechter worden beslecht. Het NCC biedt procespartijen de mogelijkheid om in het Engels te procederen. Read more Team: Matthijs Kuijpers, Manon Cremers, Heleen Kersten, Fons Leijten, Allard Metzelaar
03.09.2018 NL law Stibbe Litigators participate in consultation draft bill to modernise the law of evidence Short Reads - Members of Stibbe’s Commercial Litigation practice group have participated in the public consultation of a draft bill to modernise and simplify the law of evidence in civil procedure. Read more Team: Toni van Hees, Tim de Greve, Branda Katan, Peggy Awater, Petra Vos, Simon Boersen, Wouter den Hollander