35 results Het nieuwe verbintenissenrecht: aandachtspunten voor de vastgoed- en bouwpraktijk Op 1 januari 2023 treden boek 1 “algemene bepalingen” en boek 5 “verbintenissen” van het Burgerlijk Wetboek in werking. Dit artikel focust op een selectie van vernieuwingen die bijzondere relevantie hebben voor de vastgoed- en de bouwpraktijk. Interpretation of contracts under Dutch law: beware of the interpretation clause! Under Dutch law, the interpretation of contracts is governed by the 'Haviltex' standard. Parties who favour legal certainty sometimes opt for their own standard instead by including an 'interpretation clause'. 2023 Spring Memorandum includes several policy proposals for tax measures relevant for the Dutch real estate market The Dutch government published the annual Spring Memorandum on Friday 28 April 2023. In this blog post, the policy proposals for tax measures included in the Spring Memorandum that are relevant for real estate investments in the Netherlands are discussed. Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Valérie van ‘t Lam, Boris Cammelbeeck and Roderik Vrolijk to partner as per 1 January 2022. These appointments further strengthen our practices Environment & Planning, Real Estate and the Finan How to protect your interests with insurance clauses in commercial lease agreements Commercial leases can be long and detailed documents. Although parties typically negotiate some specific clauses, such as the lease term, the rent, the repair scheme, etc., they do not always pay enough attention to the clauses relating to insurance. Dutch Supreme Court clarifies rules on the moment of default by operation of law: can the default be deferred following actions of the creditor? The Dutch Supreme Court rendered judgment on 12 April 2024 ECLI:NL:HR:2024:575, clarifying the moment at which a debtor is in default following non-performance. Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices. Invalidation of agreements entered into by a bankruptcy trustee with the approval of the supervisory judge under Article 69 of the Bankruptcy Act? The Dutch Supreme Court handed down a judgment on 15 Dec 2023 clarifying whether agreements entered into by a bankruptcy trustee with the approval of the supervisory judge can be affected by an application under Article 69 of the Dutch Bankruptcy Act. Rent reduction based on Dutch government coronavirus measures: possible or not? The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations. Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). 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 [...] Certain legal aspects of the corona crisis for the Dutch construction and rental industry The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering whether they can pause their rent payments. Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19 The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash fl Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans Stibbe advises Veenix consortium Stibbe advised the VEENIX consortium on reaching financial close in the PPP Project A9 Badhoevedorp-Holendrecht. Financial Close occurred on 2 December 2019. Construction sector and corona: on the brakes unnecessarily? Here and there throughout the construction sector, the corona crisis appears to be unnecessarily slowing down production. In particular, the process for granting permits has slowed down. Clients are putting certain construction projects on hold, while ten EU Council suggests fundamental changes to proposal for Directive on representative actions The proposed text for a Directive on representative actions for the protection of the collective interests of consumers has radically changed – again. Legislative proposal for mass damages claims approved by the Dutch House of Representatives On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective Pagination Current page 1 Page 2 Next page
Het nieuwe verbintenissenrecht: aandachtspunten voor de vastgoed- en bouwpraktijk Op 1 januari 2023 treden boek 1 “algemene bepalingen” en boek 5 “verbintenissen” van het Burgerlijk Wetboek in werking. Dit artikel focust op een selectie van vernieuwingen die bijzondere relevantie hebben voor de vastgoed- en de bouwpraktijk.
Interpretation of contracts under Dutch law: beware of the interpretation clause! Under Dutch law, the interpretation of contracts is governed by the 'Haviltex' standard. Parties who favour legal certainty sometimes opt for their own standard instead by including an 'interpretation clause'.
2023 Spring Memorandum includes several policy proposals for tax measures relevant for the Dutch real estate market The Dutch government published the annual Spring Memorandum on Friday 28 April 2023. In this blog post, the policy proposals for tax measures included in the Spring Memorandum that are relevant for real estate investments in the Netherlands are discussed.
Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Valérie van ‘t Lam, Boris Cammelbeeck and Roderik Vrolijk to partner as per 1 January 2022. These appointments further strengthen our practices Environment & Planning, Real Estate and the Finan
How to protect your interests with insurance clauses in commercial lease agreements Commercial leases can be long and detailed documents. Although parties typically negotiate some specific clauses, such as the lease term, the rent, the repair scheme, etc., they do not always pay enough attention to the clauses relating to insurance.
Dutch Supreme Court clarifies rules on the moment of default by operation of law: can the default be deferred following actions of the creditor? The Dutch Supreme Court rendered judgment on 12 April 2024 ECLI:NL:HR:2024:575, clarifying the moment at which a debtor is in default following non-performance.
Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices.
Invalidation of agreements entered into by a bankruptcy trustee with the approval of the supervisory judge under Article 69 of the Bankruptcy Act? The Dutch Supreme Court handed down a judgment on 15 Dec 2023 clarifying whether agreements entered into by a bankruptcy trustee with the approval of the supervisory judge can be affected by an application under Article 69 of the Dutch Bankruptcy Act.
Rent reduction based on Dutch government coronavirus measures: possible or not? The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations.
Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).
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 [...]
Certain legal aspects of the corona crisis for the Dutch construction and rental industry The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering whether they can pause their rent payments.
Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19 The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash fl
Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans
Stibbe advises Veenix consortium Stibbe advised the VEENIX consortium on reaching financial close in the PPP Project A9 Badhoevedorp-Holendrecht. Financial Close occurred on 2 December 2019.
Construction sector and corona: on the brakes unnecessarily? Here and there throughout the construction sector, the corona crisis appears to be unnecessarily slowing down production. In particular, the process for granting permits has slowed down. Clients are putting certain construction projects on hold, while ten
EU Council suggests fundamental changes to proposal for Directive on representative actions The proposed text for a Directive on representative actions for the protection of the collective interests of consumers has radically changed – again.
Legislative proposal for mass damages claims approved by the Dutch House of Representatives On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective