Twan Heikens

Short Reads - On 29 January 2020, the Rotterdam District Court ruled on the question of which laws are applicable to the tort claims brought by (former) Petrobras investors against Petrobras (ECLI:NL:RBROT:2020:614). The Court applied the main rule of EU Regulation Rome II (the “Rome II Regulation”), which stipulates that the law applicable to claims in tort is the law of the country in which the harm suffered by the victim as a result of the tort occurs.

Short Reads - The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

Short Reads - Imagine having been blocked from expanding your business in 1975, litigating a claim for lost opportunities for all those years, winning that proceedings on the merits, and then having to start separate legal proceedings to determine the amount of damages to be awarded (schadestaat procedure). How does one value, in 2019, a business opportunity lost in 1975?

Short Reads - On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market.