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Audit firms and accountant's duty of care towards third parties

The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...].

Stibbe represents bankruptcy trustrees Indover Bank

Stibbe represented the bankruptcy trustees of the Dutch merchant bank, Indover Bank, in a major dispute with Bank Indonesia. Indover Bank was a 100% subsidiary of Bank Indonesia and was declared bankrupt in 2008.

Stibbe represents Nederlandse Spoorwegen (NS)

Stibbe represented the Dutch railway operator NS in a seminal case in the Netherlands concerning alleged abuse of dominance.

Stibbe successfully represents EY in fine case

Stibbe represented EY in an appeal before the Industrial Appeal Court (College van Beroep voor het bedrijfsleven; CBb) filed by the AFM after the Rotterdam District Court's decision at the end of 2017 to annul the fines imposed by the AFM. The Rotterdam D

Stibbe advises Westermeerwind

The District Court Midden-Nederland ruled in favour of Westermeerwind B.V. on 19 June, in a case brought by organisations acting for the 'Westermeerwind Group'. The group had claimed that the 32 members of that group had the right to participate in the Wi

Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents

In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents.

Dutch court: insufficient substantiation? No follow-on cartel damages action

The Amsterdam District Court in the Dutch trucks cartel follow-on proceedings recently ruled that claimants – specifically CDC, STCC, Chapelton, K&D c.s. and STEF c.s. – had insufficiently substantiated their claims.

Termination of an agreement: compelling grounds?

When does a reason given for termination of an agreement qualify as a compelling ground? That was the central question in the Dutch Supreme Court's decision of 29 March 2019 (ECLI:NL:HR:2019:446).

Arbitral award obligating Ecuador to prevent enforcement of USD 8.6 billion order does not violate public order

Due to environmental damage as a result of oil extraction in the Ecuadorian Amazon, oil company Chevron was ordered to pay USD 8.6 billion to Ecuadorian citizens.

If EU Damages Directive does not apply, national rules enable claimants to claim EU antitrust damages

The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

Double roles in attributing knowledge

The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.

Damage due to a defective driveway and the Dutch twenty year limitation period

On 22 March 2019, the Dutch Supreme Court ruled (ECLI:NL:HR:2019:412) that the strict liability for buildings (opstalaansprakelijkheid) is not linked to a specific damaging act but to a damaging condition, as referred to in section 6:174 DCC. Therefore, t

Handbook on the Netherlands Commercial Court published

To coincide with the opening of the Netherlands Commercial Court, Matthijs Kuijpers of Stibbe Amsterdam has released the handbook on this new court setting out all relevant information concerning this new international court and what it may offer parties

Lifting attachments on assets of international organisations in another state

Are Dutch courts entitled to lift a prejudgment attachment levied against an international organisation on its assets in another state?

Commercial interest on overdue interest payments on a loan – uncertainty remains

If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed.

Daisy Nijkamp

Partner Amsterdam

Special regulation on franchise agreements proposed: more protection for franchisees

On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements.

European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract

Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor’s possibilities of collecting the debt.

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