45 results Stibbe nomme deux nouveaux counsels à Bruxelles Le bureau bruxellois de Stibbe a nommé Tobe Inghelbrecht (Litigation & Arbitration) et Renaud Smal (Environment & Planning) en tant que counsel, à compter du 1er janvier 2024. Public Dutch Scheme automatically recognized in the EU from 9 January 2022 Since 9 January 2022, the public type of the Dutch Scheme is automatically recognized in the EU under the European Insolvency Regulation. This will be further discussed in this blog. Brexit and Private International Law (Part 2 of 2) This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021. 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. Thijs van Kemenade Senior Associate Amsterdam Breaking off negotiations: does unjust enrichment lead to liability for damages? The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations. Petra Vos Senior Associate Amsterdam ‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives 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. 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. Maartje Herweijer Senior Associate Amsterdam Daniël Stein Senior Associate Amsterdam Bill to simplify Dutch law of evidence: concerns remain The Minister for Legal Protection recently submitted a legislative bill with the aim of simplifying Dutch law of evidence. The bill is intended to enhance truth finding and promote efficiency and effectiveness in civil proceedings. 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. Commercial interest on overdue interest payments on a loan – uncertainty remains 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. Amended governance rules addressing third party funding for collective claim organizations 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. Netherlands Commercial Court to open its doors in early 2019 On 11 December 2018, the Senate approved the bill for the new international trade chamber of the Amsterdam District Court, known as the Netherlands Commercial Court (NCC), and the Netherlands Commercial Court of Appeal (NCCA). Stibbe advises DeepOcean Group on its restructuring Stibbe is advising the DeepOcean group on its restructuring. The case involves the first use of the new “cross-class cram-down” mechanism under Part 26A of the UK Companies Act 2006. The Dutch scheme – Classes and voting The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (termed the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020. Pagination Current page 1 Page 2 Page 3 Next page
Stibbe nomme deux nouveaux counsels à Bruxelles Le bureau bruxellois de Stibbe a nommé Tobe Inghelbrecht (Litigation & Arbitration) et Renaud Smal (Environment & Planning) en tant que counsel, à compter du 1er janvier 2024.
Public Dutch Scheme automatically recognized in the EU from 9 January 2022 Since 9 January 2022, the public type of the Dutch Scheme is automatically recognized in the EU under the European Insolvency Regulation. This will be further discussed in this blog.
Brexit and Private International Law (Part 2 of 2) This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021.
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.
Breaking off negotiations: does unjust enrichment lead to liability for damages? The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations.
‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives 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.
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.
Bill to simplify Dutch law of evidence: concerns remain The Minister for Legal Protection recently submitted a legislative bill with the aim of simplifying Dutch law of evidence. The bill is intended to enhance truth finding and promote efficiency and effectiveness in civil proceedings.
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.
Commercial interest on overdue interest payments on a loan – uncertainty remains 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.
Amended governance rules addressing third party funding for collective claim organizations 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.
Netherlands Commercial Court to open its doors in early 2019 On 11 December 2018, the Senate approved the bill for the new international trade chamber of the Amsterdam District Court, known as the Netherlands Commercial Court (NCC), and the Netherlands Commercial Court of Appeal (NCCA).
Stibbe advises DeepOcean Group on its restructuring Stibbe is advising the DeepOcean group on its restructuring. The case involves the first use of the new “cross-class cram-down” mechanism under Part 26A of the UK Companies Act 2006.
The Dutch scheme – Classes and voting The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (termed the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.