31 results No reformatio in peius in Dutch civil procedure: a principle to be cherished? The prohibition of (as the Latin saying goes) reformatio in peius means that the outcome of appeal proceedings may not be that a party ends up in a worse position as a result of its own appeal against a decision by the District Court. Daniël Stein new senior associate at Stibbe We are pleased to announce that Daniël Stein will be joining Stibbe’s Amsterdam office as senior associate. His appointment as from 1 October 2023 will further strengthen our Litigation and Arbitration practice. 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. The Dutch scheme – highlights of the 10 judgments rendered to date On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect. Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments. The new sustainability advertising code: lessons from one year of review by the advertising code committee In the first year since the SAC came into force there have been 22 rulings by the ACC and the AT in which an advertisement has been tested against the SAC. This blog addresses the lessons that can be drawn from an analysis of these rulings. District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP. 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. The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020. Overview of Legislative Proposal on Collective Action (NL) – Update June 2019 In the Netherlands, it is possible for a representative entity to bring a "collective action" on an "opt-out basis" under article 3:305a of the Dutch Civil Code (the "DCC"). However, under the current provisions in Dutch law, the representative entity is 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 Legislative proposal on mass damages claims approved by the Dutch Senate On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe 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. Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach. To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR? Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera Pagination Current page 1 Page 2 Next page
No reformatio in peius in Dutch civil procedure: a principle to be cherished? The prohibition of (as the Latin saying goes) reformatio in peius means that the outcome of appeal proceedings may not be that a party ends up in a worse position as a result of its own appeal against a decision by the District Court.
Daniël Stein new senior associate at Stibbe We are pleased to announce that Daniël Stein will be joining Stibbe’s Amsterdam office as senior associate. His appointment as from 1 October 2023 will further strengthen our Litigation and Arbitration practice.
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.
The Dutch scheme – highlights of the 10 judgments rendered to date On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect.
Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.
The new sustainability advertising code: lessons from one year of review by the advertising code committee In the first year since the SAC came into force there have been 22 rulings by the ACC and the AT in which an advertisement has been tested against the SAC. This blog addresses the lessons that can be drawn from an analysis of these rulings.
District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.
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.
The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.
Overview of Legislative Proposal on Collective Action (NL) – Update June 2019 In the Netherlands, it is possible for a representative entity to bring a "collective action" on an "opt-out basis" under article 3:305a of the Dutch Civil Code (the "DCC"). However, under the current provisions in Dutch law, the representative entity is
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
Legislative proposal on mass damages claims approved by the Dutch Senate On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe
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.
Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach.
To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR? Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera