20 results 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. 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. How a 'non-commercial' contract can still qualify as a commercial transaction and be subject to statutory commercial interest Statutory commercial interest is higher than the ordinary statutory interest. Whether statutory commercial interest is due, depends on the qualification of the relationship between the parties as a commercial contract under Article 6:119a DCC. EU lift cartel damage claim rejected by Brussels Court of Appeal After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007. Stibbe represents ABN AMRO Bank Stibbe represented ABN AMRO Bank in a major cross-border dispute. ‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate. Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19 The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash fl Stibbe hosts a webinar on trade secrets in corporate matters organised by IBJ/IJE On 20 October 2020, our IP partners, Ignace Vernimme and Philippe Campolini host a webinar on trade secrets in corporate matters. Online roundtable meeting: Spotlight on the Renewed Sustainable Finance Strategy Stibbe presents an online roundtable meeting on Thursday 2 July 2020 (11:00-12:00) focusing on the Renewed Sustainable Finance Strategy. 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). 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. Negotiating a contract under conditions; subject to approval In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause. Negotiating a contract under conditions; subject to signature In the pre-contractual phase, professional contracting parties often negotiate under one or more conditions. Several different conditions are common in (commercial) legal practice: “subject to signature”, “subject to approval” and “subject to finance.” The capacity of contracting parties and (commercial) contracts Under Dutch law, a general principle is that contracting parties conclude agreements in their own name, i.e. they conclude agreements for themselves. Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. Stibbe advises Ballast Nedam and Royal BAM Succesfully defended Ballast Nedam and Royal BAM in legal proceedings against the Province of Groningen regarding the "Blauwe Stad" (Blue City). Press release: ATB declared bankrupt, Daisy Nijkamp and Job van Hooff appointed bankruptcy trustees On 22 April 2022, Amsterdam Trade Bank N.V. ("ATB") filed for bankruptcy and was declared bankrupt by the Amsterdam District Court. The court appointed D.D. Nijkamp and J.E.P.A. van Hooff as bankruptcy trustees. Granting of declaratory relief sought in collective action: new limitation period for all related individual claims? The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief. Pagination Current page 1 Page 2 Next page
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.
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.
How a 'non-commercial' contract can still qualify as a commercial transaction and be subject to statutory commercial interest Statutory commercial interest is higher than the ordinary statutory interest. Whether statutory commercial interest is due, depends on the qualification of the relationship between the parties as a commercial contract under Article 6:119a DCC.
EU lift cartel damage claim rejected by Brussels Court of Appeal After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007.
‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate.
Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19 The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash fl
Stibbe hosts a webinar on trade secrets in corporate matters organised by IBJ/IJE On 20 October 2020, our IP partners, Ignace Vernimme and Philippe Campolini host a webinar on trade secrets in corporate matters.
Online roundtable meeting: Spotlight on the Renewed Sustainable Finance Strategy Stibbe presents an online roundtable meeting on Thursday 2 July 2020 (11:00-12:00) focusing on the Renewed Sustainable Finance Strategy.
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).
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.
Negotiating a contract under conditions; subject to approval In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause.
Negotiating a contract under conditions; subject to signature In the pre-contractual phase, professional contracting parties often negotiate under one or more conditions. Several different conditions are common in (commercial) legal practice: “subject to signature”, “subject to approval” and “subject to finance.”
The capacity of contracting parties and (commercial) contracts Under Dutch law, a general principle is that contracting parties conclude agreements in their own name, i.e. they conclude agreements for themselves.
Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal.
Stibbe advises Ballast Nedam and Royal BAM Succesfully defended Ballast Nedam and Royal BAM in legal proceedings against the Province of Groningen regarding the "Blauwe Stad" (Blue City).
Press release: ATB declared bankrupt, Daisy Nijkamp and Job van Hooff appointed bankruptcy trustees On 22 April 2022, Amsterdam Trade Bank N.V. ("ATB") filed for bankruptcy and was declared bankrupt by the Amsterdam District Court. The court appointed D.D. Nijkamp and J.E.P.A. van Hooff as bankruptcy trustees.
Granting of declaratory relief sought in collective action: new limitation period for all related individual claims? The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief.