10.07.2019 NL law Stibbe represents the bankruptcy trustees of Amsterdam hospital MC Slotervaart in dispute with the City of Amsterdam Experience - Stibbe represented the bankruptcy trustees of the Amsterdam hospital MC Slotervaart in proceedings against the City of Amsterdam, centred on the City’s demand that the bankruptcy trustees investigate whether there were any irregularities prior to the bankruptcy. Read more Team: Gertjan Boekraad, Job van Hooff, Wouter den Hollander, Marleen Jonckers
28.06.2019 NL law Stibbe represents bankruptcy trustrees Indover Bank Experience - Stibbe represented the bankruptcy trustees of the Dutch merchant bank, Indover Bank, in a major dispute with Bank Indonesia. Indover Bank was a 100% subsidiary of Bank Indonesia and was declared bankrupt in 2008. Read more Team: Gertjan Boekraad, Branda Katan, Winfried van Hemel, Wouter den Hollander
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
31.12.2016 NL law Stibbe represents Supervisory Board members of FC Twente Experience - Stibbe represented members of the Supervisory Board of the Dutch professional football club FC Twente when the club faced financial difficulties in 2016. Read more Team: Gertjan Boekraad, Tim de Greve, Wouter den Hollander, Daphne Rijkers, Monique van der Linden
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, Erik Verweij
18.08.2015 NL law Stibbe represents CEO of Royal Brinkers group of companies Experience - Stibbe represented the director and sole shareholder of the Royal Brinkers group of companies in a insolvency litigation matter. In 2010, the majority of entities within the Royal Brinkers group went bankrupt as a result of changed market conditions. Read more Team: Gertjan Boekraad, Job van Hooff, Branda Katan, Niels Didden
01.10.2010 NL law Stibbe represents Heineken Experience - Stibbe represents Heineken as a major creditor in the bankruptcy of the catering company Plassania. Read more Team: Tim de Greve, Gertjan Boekraad, Cas Michiels
14.12.2020 NL law Contractual provisions excluding annulment due to error, duress, fraud or undue influence Short Reads - In Dutch legal practice, contracting parties often agree on provisions including an arrangement in which they waive their right to invoke the nullity of the contract in question. By doing so, the parties intend to exclude an eventual contractual annulment arising from error, duress, fraud or undue influence. Read more Cathrien van Bunningen Amsterdam
18.08.2020 NL law Quarter century bankruptcy settlement and estate debts Articles - To mark the publication’s 25th anniversary, the editors of the Dutch Journal for Insolvency Law have invited Gertjan Boekraad to author an article on how the issue of bankruptcy settlement has developed in legal doctrine over the past quarter of a century. He discusses questions including: what are estate debts, how can they be paid in advance, and what if the assets do not completely cover the estate debts? Read more Gertjan Boekraad Partner Amsterdam
22.05.2020 BE law International Comparative Legal Guide to Restructuring & Insolvency 2020 - Belgium chapter Articles - The Belgium Chapter of the International Comparative Legal Guide to Restructuring & Insolvency 2020 is online. The publication, authored by Paul Van der Putten and Pieter Wouters, covers common topics in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees, and cross-border issues in 27 jurisdictions. Read more Team: Paul Van der Putten, Pieter Wouters
25.03.2020 NL law Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19 Short Reads - The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash flow. To meet these challenges and mitigate liability risks, management and owners may need to take clear and immediate action (and refrain from certain other actions) in the interest of all stakeholders. The following sets out some key legal guidelines for management and owners when dealing with a Dutch subsidiary in distress. Read more Team: Job van Hooff, Duco de Boer, Egbert Vroom, Hans Witteveen, Pieter Schütte
12.11.2020 NL law The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees Short Reads - The Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020 and will enter into force on 1 January 2021. In previous blogs we have summarised when the Dutch Scheme can be used, who can make use of the initiative, and what action is required. Read more Team: Job van Hooff, Daisy Nijkamp, Ellen Vintges
08.07.2020 NL law Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash Short Reads - Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. The State was found liable because it is responsible for the information provided by the Dutch Aviation Safety Board (a government agency) to the victims and surviving relatives. This information, on the causes of the crash was deemed by the court to be incorrect and incomplete. Read more Team: Francis Blaauboer, Sofja Goldstein
23.04.2020 NL law The Dutch scheme – when can it be used, and by whom? Short Reads - As mentioned in our earlier blog, the Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“). Read more Team: Job van Hooff, Daisy Nijkamp, Bram Berends
24.03.2020 NL law Job van Hooff and Daisy Nijkamp present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool Short Reads - Job van Hooff and Daisy Nijkamp, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans (Wet homologatie onder onderhand akkoord) - which introduces a framework that makes it possible for debtors to restructure their debts outside formal insolvency proceedings. Read more Team: Job van Hooff, Daisy Nijkamp
18.08.2020 NL law Kwart eeuw faillisementsafwikkeling en boedelschulden Articles - Ter gelegenheid van haar 25-jarig jubileum nodigde het Tijdschrift voor Insolventierecht Gertjan Boekraad uit een bijdrage te schrijven over hoe het recht zich in een kwart eeuw heeft ontwikkeld op het gebied van de Faillissementsafwikkeling. Aan bod komen vragen als: wat zijn boedelschulden, hoe worden zij omgeslagen en hoe wordt een negatieve boedel afgewikkeld? Read more Gertjan Boekraad Partner Amsterdam
26.05.2020 NL law ‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives Short Reads - On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate. Read more Team: Job van Hooff, Daisy Nijkamp
02.04.2020 NL law Claims assigned to a litigation vehicle: who needs to prove what? Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. Read more Team: Jeroen Kortmann, Sofja Goldstein
23.03.2020 BE law Contracts & Corona: force majeure and related topics Short Reads - The spread of the coronavirus may have some consequences that affect your ability to perform your obligations under your contracts, or your co-contractors’ ability to perform theirs. We provide some insight on a few pressing questions. Read more Team: Oliver Stevens, Tobe Inghelbrecht