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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?

Does selling a phone on an online marketplace make you a "trader" under the Unfair Commercial Practices Directive and the Consumer Rights Directive?

Online marketplaces provide sales channels not only for professional traders but also for individuals selling second-hand goods. For buyers, online advertisements do not always make it clear whether the seller is a professional trader or an individual.

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.

Stibbe represents two companies indirectly held by a large private equity fund based in China

Stibbe represents two companies, indirectly held by a large private equity fund based in China.

European Parliament votes in favour of representative actions for consumers

On 26 March 2019 the European Parliament approved an amended version of the European Commission's proposal for a Directive on representative actions for the protection of collective interests of consumers, following a debate on 25 March 2019.

Amended governance rules addressing third party funding for collective claim organizations

On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market.

15 aspects of Brexit you did not know

A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Stibbe launches website on the new Netherlands Commercial Court

To coincide with the opening of the Netherlands Commercial Court on 1 January 2019, Stibbe has launched a new website to provide you with the latest developments on this new international court. 

Netherlands Commercial Court to open its doors in early 2019

On 11 December 2018, the Senate approved the bill for the new international trade chamber of the Amsterdam District Court, known as the Netherlands Commercial Court (NCC), and the Netherlands Commercial Court of Appeal (NCCA).

Charlotte Conings

Senior Associate Brussels

Stibbe represents bankruptcy trustees MC Slotervaart in dispute with medical specialists

In summary proceedings against the bankruptcy trustees of the Amsterdam hospital MC Slotervaart, a group of medical specialists claimed they had been given insufficient time to make an offer to take over the bankrupt MC Slotervaart. The specialists applie

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?

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