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European Court of Justice issues landmark ruling on parental liability

On 14 March the European Court of Justice issued a landmark judgment in the Skanska case.

Financial Services Disputes in the Netherlands

What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction?

The Dutch scheme - a summary of the upcoming new restructuring tool

The Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings (the "Dutch Scheme").

Stibbe announces new Counsel and Of Counsel appointments

Brussels, 9 January 2020 – The Brussels office of Stibbe has promoted Delphine Gillet, Jan Proesmans and Sophie Bourgois to Counsel and Elisabeth Baeyens to Of Counsel.

The impact of COVID-19 (coronavirus) on commercial contracts: force majeure?

Recent measures taken by the Dutch government to contain the outbreak and spread of COVID-19 (a novel Coronavirus) have led to an increase in questions regarding the consequences for commercial contracts.

Stibbe advises PALLAS

Stibbe has represented Stichting Voorbereiding PALLAS-reactor in its appeal proceedings before the Administrative Jurisdiction Division of the Council of State (AJDCS) challenging the zoning plan that is required to realize a new nuclear reactor, the PALL

Jeroen Kortmann nominated for best Dutch litigator

For the second consecutive year, Jeroen Kortmann has been nominated for the title of 'best Dutch litigator'.

The Dutch scheme – when can it be used, and by whom?

As mentioned in our earlier blog, the Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – which introduces a framework allowing debtors to restructure their debts outside for

Legal trend: climate change litigation

The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation.

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.

Stibbe represents KLM

We assisted KLM in a law suit filed by 150 air line pilots and former pilots of Martinair.

Dutch court rules that investors suffer investment loss in the market where securities are listed and traded

On 29 January 2020, the Rotterdam District Court ruled on the question of which laws are applicable to the tort claims brought by (former) Petrobras investors against Petrobras (ECLI:NL:RBROT:2020:614).

Quarter century bankruptcy settlement and estate debts

To mark the publication’s 25th anniversary, the editors of the Dutch Journal for Insolvency Law have invited Gertjan Boekraad to author an article on how the issue of bankruptcy settlement has developed in legal doctrine over the past quarter of a century

Stibbe represents the Mitolo Group

Stibbe represents the Mitolo Group, the number one potato and onion trader in Australia.

Exoneration clauses in commercial contracts: excluding indirect damage

In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts in which liability for indirect damage is excluded.

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.

Sustainability of exoneration clauses and commercial contracts

In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts.  Exoneration clauses limit or exclude the debtor’s liability.

Negotiating a contract under conditions; subject to finance

In the pre-contractual phase, Dutch professional contracting parties often negotiate a financing arrangement clause or a “subject to finance” clause.

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