12 results 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. Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...] Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met. 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. Stibbe advises Elementis Stibbe advises Elementis, a UK listed global specialty chemicals company, on the acquisition of Mondo Minerals Holdings B.V. for an enterprise value of $600 million on a cash and debt free basis. Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...]. Symposium 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations Stibbe is organising a symposium in Amsterdam on Thursday 7 November entitled 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations'. During this symposium, Stibbe lawyer Tijn Kortmann and Prof. Third-party effect of exoneration clauses in commercial contracts Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties. Press release: ATB declared bankrupt, Daisy Nijkamp and Job van Hooff appointed bankruptcy trustees On 22 April 2022, Amsterdam Trade Bank N.V. ("ATB") filed for bankruptcy and was declared bankrupt by the Amsterdam District Court. The court appointed D.D. Nijkamp and J.E.P.A. van Hooff as bankruptcy trustees. The EU Green Claims Directive The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service. Take aways Stibbe ESG & Sustainability Conference 2024 The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager. Asset intensive reinsurance agreements – new requirement to obtain DNB’s prior consent As of 1 January 2025, Dutch insurers must obtain the Dutch Central Bank’s prior consent before making any amendments to, or entering into an asset-intensive reinsurance agreement that allows the reinsurer to hold assets in a third country.
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.
Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]
Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met.
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.
Stibbe advises Elementis Stibbe advises Elementis, a UK listed global specialty chemicals company, on the acquisition of Mondo Minerals Holdings B.V. for an enterprise value of $600 million on a cash and debt free basis.
Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...].
Symposium 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations Stibbe is organising a symposium in Amsterdam on Thursday 7 November entitled 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations'. During this symposium, Stibbe lawyer Tijn Kortmann and Prof.
Third-party effect of exoneration clauses in commercial contracts Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties.
Press release: ATB declared bankrupt, Daisy Nijkamp and Job van Hooff appointed bankruptcy trustees On 22 April 2022, Amsterdam Trade Bank N.V. ("ATB") filed for bankruptcy and was declared bankrupt by the Amsterdam District Court. The court appointed D.D. Nijkamp and J.E.P.A. van Hooff as bankruptcy trustees.
The EU Green Claims Directive The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service.
Take aways Stibbe ESG & Sustainability Conference 2024 The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager.
Asset intensive reinsurance agreements – new requirement to obtain DNB’s prior consent As of 1 January 2025, Dutch insurers must obtain the Dutch Central Bank’s prior consent before making any amendments to, or entering into an asset-intensive reinsurance agreement that allows the reinsurer to hold assets in a third country.