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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.

Compliance with the information duty by hyperlink to general terms and conditions

The applicability of a choice-of-court clause in general terms and conditions referred to by a hyperlink in the contract does NOT require the other party to have ticked a separate box for consent to the applicability of those GT&C.

Annemijn van der Vegte

Junior Associate Amsterdam

Stibbe appoints two new counsel in Brussels

We are pleased to announce that the Brussels office of Stibbe has appointed Tobe Inghelbrecht (Litigation & Arbitration) and Renaud Smal (Environment & Planning) as Counsel, effective 1 January 2024.

Dutch Supreme Court decides on liability of de facto directors under Dutch law: ‘setting aside’ of formal directors is not required

In bankruptcy proceedings, directors under the articles of association of a Dutch B.V. or N.V. can be held liable by a bankruptcy trustee on the basis of specific articles of the Dutch Civil Code concerning manifestly improper management.

Robin Tess Bolland

Junior Associate Amsterdam

Stibbe Brussels appoints five new Counsel

Stibbe Brussels has promoted Bastiaan Schelstraete (Environment & Planning), Stefanie François (Environment & Planning), David Verwaerde (Dispute Resolution), Lizelotte De Maeyer (Tax) and Pieter-Jan Leemen (Banking & Finance) to Counsel.

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.

Stibbe wins case before Supreme Court regarding transparent distribution of government land

Today, the Supreme Court issued a groundbreaking ruling on the sale of real estate by government entities such as municipalities.

Non-contractual liability of the accountant who performs a non-statutory task

The legal journal Maandblad voor Vermogensecht has published an article by Gertjan Boekraad on ‘the scope of the non-contractual liability of the accountant who performs a non-statutory task’.

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.

Draft bill on Expedited Liquidation Transparency presented

The draft temporary bill on Expedited Liquidation Transparency presented by the Dutch Minister of Justice on 28 June 2021 aims to increase transparency, improve protection of creditors and reduce the risk of abuse.

Stibbe wins four awards at the Benchmark Litigation Europe Awards 2021

Our Brussels office is honoured to have won four awards at the annual Benchmark Litigation Europe Awards ceremony last night. These awards celebrate the leading litigators and most impactful disputes across Europe.

Column: Ontneem incidentrapportages niet hun toegevoegde waarde

In deze column uit Monique haar zorg over de zichtbare tendens waarbij de toegevoegde waarde van deze incidentrapportages onder druk komt te staan.

Good things are worth waiting for: new law amendments in force for companies in difficulty

The long-awaited new law amending Book XX of the Code of Economic Law and the Income Tax Code 1992 just came into force. This replaces the "COVID-moratorium" and creates the possibility to restructure a company through a “preparatory agreement”.

Don’t get scammed, and don’t let scammers scam: the legal framework for mistaken payments clarified

"Bol.com mistakes scammers for Brabantia and pays €750,000" read headlines in The Netherlands in May 2021.

Regulation of the legal profession in Belgium: an update

Oliver Stevens and Sophie Bourgois (Stibbe Brussels) updated their overview on the regulation of the legal profession in Belgium to reflect advancing insights and regulatory rulings.

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