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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.”

Under Dutch law, a general principle is that contracting parties conclude agreements in their own name, i.e. they conclude agreements for themselves.

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.

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.

Contrary to the Amsterdam District Court’s judgment, the Amsterdam Court of Appeal granted Stichting Elco Foundation standing in a collective action against several banks and brokers based on alleged manipulation of interest rate benchmarks.

On 20 June 2025, the Dutch Supreme Court referred questions to the CJEU in an antitrust damages case on trucks manufacturing. This blog explores the events leading to this pivotal moment and the key questions posed.