95 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. 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. 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. 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. 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. 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. Sarah De Wulf and Malik Baba co-authored a book dedicated to the legal aspects of the video-game industry The book, entitled 'Legal Aspects of the video-game industry', provides a first answer to the most important legal questions that might arise in the lifecycle of a video-game company. 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. EU Court of Justice ruled on the statute of limitation and scope of applicability of the Damages Directive in Heureka vs. Google In a judgment of 18 April 2024, the European Court of Justice (“CJEU”) ruled on preliminary questions of the City Court of Prague concerning a damages claim lodged against Google by comparison shopping service provider Heureka. Breaking off negotiations: does unjust enrichment lead to liability for damages? The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations. Driving range of electric car falls short; buyer allowed to terminate contract The Dutch Supreme Court recently rendered a judgment that might enable buyers of electric cars to terminate their purchase agreement or reclaim part of the purchase price. Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...] Pagination Current page 1 Page 2 Page 3 Page 4 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.
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.
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.
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.
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.
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.
Sarah De Wulf and Malik Baba co-authored a book dedicated to the legal aspects of the video-game industry The book, entitled 'Legal Aspects of the video-game industry', provides a first answer to the most important legal questions that might arise in the lifecycle of a video-game company.
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.
EU Court of Justice ruled on the statute of limitation and scope of applicability of the Damages Directive in Heureka vs. Google In a judgment of 18 April 2024, the European Court of Justice (“CJEU”) ruled on preliminary questions of the City Court of Prague concerning a damages claim lodged against Google by comparison shopping service provider Heureka.
Breaking off negotiations: does unjust enrichment lead to liability for damages? The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations.
Driving range of electric car falls short; buyer allowed to terminate contract The Dutch Supreme Court recently rendered a judgment that might enable buyers of electric cars to terminate their purchase agreement or reclaim part of the purchase price.
Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).
Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]