37 results 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. Sustainability of exoneration clauses and commercial contracts In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts. Exoneration clauses limit or exclude the debtor’s liability. Unauthorized representation: liability of the intermediary This blog is one of the blogs in a series called “Commercial contracts in the Netherlands”. It is discussed as to under which circumstances third parties can hold the intermediary liable for damage suffered due to unauthorized representation. Stibbe represents Simed in dispute with Slotervaart hospital Stibbe represented Simed International in a dispute with the privately-owned Slotervaart hospital in Amsterdam. The Slotervaart hospital claimed that Simed International had sent incorrect invoices to the Slotervaart hospital, which would therefore have b Stibbe represents Bombardier Transportation Successfully defended the global train manufacturer Bombardier Transportation in a dispute with the Israeli insurance company Phoenix. The dispute related to two fire incidents that occurred in Israel in 2001, involving trains supplied by Bombardier Tran District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP. The new sustainability advertising code: lessons from one year of review by the advertising code committee In the first year since the SAC came into force there have been 22 rulings by the ACC and the AT in which an advertisement has been tested against the SAC. This blog addresses the lessons that can be drawn from an analysis of these rulings. Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules. Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments. Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell. EU Council suggests fundamental changes to proposal for Directive on representative actions The proposed text for a Directive on representative actions for the protection of the collective interests of consumers has radically changed – again. Overview of Legislative Proposal on Collective Action (NL) – Update June 2019 In the Netherlands, it is possible for a representative entity to bring a "collective action" on an "opt-out basis" under article 3:305a of the Dutch Civil Code (the "DCC"). However, under the current provisions in Dutch law, the representative entity is Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach. To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR? Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle. Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction. Legislative proposal on mass damages claims approved by the Dutch Senate On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe Legislative proposal for mass damages claims approved by the Dutch House of Representatives On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective Pagination Previous page Page 1 Current page 2 Page 3 Next page
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.
Sustainability of exoneration clauses and commercial contracts In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts. Exoneration clauses limit or exclude the debtor’s liability.
Unauthorized representation: liability of the intermediary This blog is one of the blogs in a series called “Commercial contracts in the Netherlands”. It is discussed as to under which circumstances third parties can hold the intermediary liable for damage suffered due to unauthorized representation.
Stibbe represents Simed in dispute with Slotervaart hospital Stibbe represented Simed International in a dispute with the privately-owned Slotervaart hospital in Amsterdam. The Slotervaart hospital claimed that Simed International had sent incorrect invoices to the Slotervaart hospital, which would therefore have b
Stibbe represents Bombardier Transportation Successfully defended the global train manufacturer Bombardier Transportation in a dispute with the Israeli insurance company Phoenix. The dispute related to two fire incidents that occurred in Israel in 2001, involving trains supplied by Bombardier Tran
District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.
The new sustainability advertising code: lessons from one year of review by the advertising code committee In the first year since the SAC came into force there have been 22 rulings by the ACC and the AT in which an advertisement has been tested against the SAC. This blog addresses the lessons that can be drawn from an analysis of these rulings.
Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.
Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.
Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.
EU Council suggests fundamental changes to proposal for Directive on representative actions The proposed text for a Directive on representative actions for the protection of the collective interests of consumers has radically changed – again.
Overview of Legislative Proposal on Collective Action (NL) – Update June 2019 In the Netherlands, it is possible for a representative entity to bring a "collective action" on an "opt-out basis" under article 3:305a of the Dutch Civil Code (the "DCC"). However, under the current provisions in Dutch law, the representative entity is
Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach.
To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR? Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera
Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.
Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.
Legislative proposal on mass damages claims approved by the Dutch Senate On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe
Legislative proposal for mass damages claims approved by the Dutch House of Representatives On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective