23 results Legal sponsorship of Wildlife Justice Commission We take great pride in our longstanding partnership with the Wildlife Justice Commission, serving as one of their legal sponsors. Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments. Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK. Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies. De overheid betaalt een opgelegde dwangsom niet. Wat nu? De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet. Cease fire on troubled companies! Royal Decree temporarily suspends enforcement Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations. Hydrogen: Consultation by the Dutch regulator (ACM) on the role of group companies of TSOs and DSOs in the Dutch hydrogen market On 30 March 2020, the Dutch Minister of Economic Affairs and Climate Policy presented the ‘Government strategy on hydrogen’, detailing the government strategy and policy agenda on hydrogen. Claims assigned to a litigation vehicle: who needs to prove what? 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. Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell. Purely commercial interest also a legitimate interest? Council of State leaves the question unanswered. On 27 July 2022, the Council of State confirmed that the Dutch Data Protection Authority wrongly imposed a €575,000 fine on VoetbalTV. The qualification of a (commercial) contract The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. Legal trend: climate change litigation The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation. Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction. Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers. Audit firms and accountant's duty of care towards third parties The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...]. Double roles in attributing knowledge The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019. Stibbe announces new Counsel and Of Counsel appointments Brussels, 9 January 2020 – The Brussels office of Stibbe has promoted Delphine Gillet, Jan Proesmans and Sophie Bourgois to Counsel and Elisabeth Baeyens to Of Counsel. Negotiating a contract under conditions; subject to approval In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause. Pagination Current page 1 Page 2 Next page
Legal sponsorship of Wildlife Justice Commission We take great pride in our longstanding partnership with the Wildlife Justice Commission, serving as one of their legal sponsors.
Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.
Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.
Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies.
De overheid betaalt een opgelegde dwangsom niet. Wat nu? De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet.
Cease fire on troubled companies! Royal Decree temporarily suspends enforcement Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations.
Hydrogen: Consultation by the Dutch regulator (ACM) on the role of group companies of TSOs and DSOs in the Dutch hydrogen market On 30 March 2020, the Dutch Minister of Economic Affairs and Climate Policy presented the ‘Government strategy on hydrogen’, detailing the government strategy and policy agenda on hydrogen.
Claims assigned to a litigation vehicle: who needs to prove what? 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.
Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.
Purely commercial interest also a legitimate interest? Council of State leaves the question unanswered. On 27 July 2022, the Council of State confirmed that the Dutch Data Protection Authority wrongly imposed a €575,000 fine on VoetbalTV.
The qualification of a (commercial) contract The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts.
Legal trend: climate change litigation The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation.
Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.
Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers.
Audit firms and accountant's duty of care towards third parties The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...].
Double roles in attributing knowledge The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.
Stibbe announces new Counsel and Of Counsel appointments Brussels, 9 January 2020 – The Brussels office of Stibbe has promoted Delphine Gillet, Jan Proesmans and Sophie Bourgois to Counsel and Elisabeth Baeyens to Of Counsel.
Negotiating a contract under conditions; subject to approval In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause.