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
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
08.03.2018 NL law Netherlands Commercial Court coming soon? Short Reads - On 8 March 2018, the bill concerning the Netherlands Commercial Court was passed by the House of Representatives. However, the court cannot start until the Senate has also approved the bill. Read more Chantal Blokker-Schipper Amsterdam
21.02.2018 NL law Termination clauses in agreements and Dutch standards of reasonableness and fairness Short Reads - How can a party terminate an agreement? With the exception of certain specific agreements (i.e. employment or rent), the Dutch Civil Code (DCC) does not provide rules on termination as such. Whether and under what conditions a party is entitled to terminate an agreement is determined by the agreement itself and the general standards of reasonableness and fairness ("redelijkheid en billijkheid") in Article 6:248 DCC. In its decision of 2 February 2018 (ECLI:NL:HR:2018:141), the Dutch Supreme Court further developed its case law on the subject matter. Read more Wouter den Hollander Junior Associate Amsterdam
10.12.2017 NL law Dutch Supreme Court rules on the importance of the judgment of a disciplinary court for the judgment on civil liability Short Reads - In its decision of 22 September 2017, ECLI:NL:HR:2017:2452 the Dutch Supreme Court ruled that a judgment on civil liability must include sufficiently comprehensible reasons explaining why it differs from a judgment given by a disciplinary court on the same facts. Read more Mathilde Vijverberg Junior Associate Amsterdam
04.08.2018 NL law A proposal to fundamentally change the law on evidence in Dutch civil procedure Short Reads - On 31 May 2018 Dutch Minister Dekker published a draft bill for consultation that primarily aims to modernise and simplify the law of evidence within Dutch civil procedure. Read more Team: Petra Vos, Daan Barbiers
08.03.2018 NL law Dutch courts can reduce contractually agreed penalties to an amount that is not unacceptable Short Reads - You think you have made clear arrangements about the exclusivity of your supplier's services. The supplier has agreed to service your company only. You have even agreed unequivocal penalty clauses under which the supplier pays a penalty for every breach and another one for every day the breach continues. Unfortunately, the supplier breaches the exclusivity clause, forcing you to claim the full amount of penalties due. And then the supplier refuses to pay them because he finds them unreasonable. Now what? Read more Petra Vos Senior Associate Amsterdam
11.01.2018 NL law Witness examination and the withdrawal of a judge Short Reads - In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court confirmed that a judge is allowed to critically interrogate a witness and remind a witness of his oath. Such action is not an indication that a judge is not impartial or independent. Read more Wouter den Hollander Junior Associate Amsterdam
30.11.2017 Two new partners and a counsel for Stibbe Inside Stibbe - With effect from 1 January, Stibbe Amsterdam appoints lawyers Branda Katan and Reinout de Boer as partner. Branda Katan specialises in contractual disputes, fraud and class actions. Reinout de Boer is an expert in domestic and international taxation. Stibbe Brussels promotes Ian Arnouts (public law) as counsel. Read more Team: Derk Lemstra, Jan Peeters, Branda Katan, Reinout de Boer, Ian Arnouts
20.04.2018 NL law Robbert Jan van der Weijden speaks at Business and Law Research Centre (Onderzoekzoekcentrum Onderneming & Recht) Symposium Speaking slot - On 20 April 2018, Robbert Jan van der Weijden will speak at the Business and Law Research Centre Symposium on innovative private law. Various speakers will discuss the consequences of technological developments for Dutch commercial law and Robbert Jan will focus on innovative property law. Read more
23.02.2018 NL law Can acts and statements from an unauthorised representative qualify as acknowledgment of liability and interrupt a limitation period? Short Reads - On 26 January 2018, the Supreme Court delivered a judgment (ECLI:NL:HR:2018:108) about the interruption of the limitation period for a claim for damages. The key element in this case was whether the acts and statements of an insurer and a loss adjuster qualified as an acknowledgement of liability and, if so, whether this acknowledgement could be attributed to the liable party Read more Petra Vos Senior Associate Amsterdam
10.01.2018 NL law Fire, furniture and strict liability for buildings used for business Short Reads - Persons using a building in the course of running a business might be liable for damage caused by a defect in the building on the basis of strict liability. Such liability exists if there is a link between the origin of the defect and the running of the business. In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court clarified how to ascertain whether there is such a link. Read more Wouter den Hollander Junior Associate Amsterdam
19.10.2017 NL law Annotatie onder Gerechtshof Arnhem-Leeuwarden - 14-02-2017 Articles - Nu de verkoop van de inventaris meer dan een jaar voor het faillissement heeft plaatsgevonden, is het bewijsvermoeden van art. 43 Fw niet van toepassing. De stelplicht en de bewijslast ten aanzien van het paulianeus handelen rusten dan ook op de curator. De enkele omstandigheid dat het niet goed ging met de onderneming, betekent nog niet dat op dat moment te voorzien was dat een faillissement onafwendbaar was. Read more