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101 results

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

Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool

Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans

De overheid betaalt een opgelegde dwangsom niet. Wat nu?

De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet.

Cease fire on troubled companies! Royal Decree temporarily suspends enforcement

Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations.

Supreme Court approves criminal liability of suspect refusing to unlock his smartphone

In a groundbreaking judgment, the Belgian Supreme Court (Court of Cassation) states that the investigating judge may order a suspect to provide the access code of his mobile phone. Hans Van Bavel and Charlotte Conings shed a light on the judgment.

Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings

The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...].

WAMCA: imperfections come to the surface

Dutch courts have not yet developed procedural rules for the WAMCA, the new Dutch regime for collective redress. This adds to pre-existing uncertainty around many procedural aspects of this new law.

Branda Katan teaches course on Dutch class action regime

Branda Katan will co-teach the current affairs ‘WAMCA’ course on 2 February 2022 from 14:00 to 18:15 at the Centrum voor Postacademisch Juridisch Onderwijs. Branda, together with co-teacher Professor Ruud Hermans, will discuss all aspects of the Dutch cla

Dutch Supreme Court decides against the pledgeability of non-transferable claims

Lawyers occasionally wonder how the law ended up as it is. We had that experience after the Dutch Supreme Court’s decision of 1 July 2022 (Rabobank/Ten Berge q.q.; ECLI:NL:HR:2022:984), regarding the possibility or impossibility of pledging a claim.

Bill to simplify Dutch law of evidence: concerns remain

The Minister for Legal Protection recently submitted a legislative bill with the aim of simplifying Dutch law of evidence. The bill is intended to enhance truth finding and promote efficiency and effectiveness in civil proceedings.

Stibbe successfully represents Vantage in enforcement of international arbitration ruling

Stibbe has represented Vantage Deepwater Drilling Inc. and Vantage Deepwater Company (Vantage) in the enforcement of an arbitral award against Petrobras in the Netherlands. Stibbe worked on this matter in close cooperation with Quinn Emanuel Urquhart & Su

Stibbe advises Westermeerwind

The District Court Midden-Nederland ruled in favour of Westermeerwind B.V. on 19 June, in a case brought by organisations acting for the 'Westermeerwind Group'. The group had claimed that the 32 members of that group had the right to participate in the Wi

Dutch court: insufficient substantiation? No follow-on cartel damages action

The Amsterdam District Court in the Dutch trucks cartel follow-on proceedings recently ruled that claimants – specifically CDC, STCC, Chapelton, K&D c.s. and STEF c.s. – had insufficiently substantiated their claims.

European regulatory initiatives for online platforms and search engines

As part of the digital economy, the rise of online platforms and search engines raises all kinds of legal questions. For example, do bicycle couriers qualify as employees who are entitled to ordinary labour law protections?

De (toekomst) bestendigheid van de toekomstbestendigheidsparagraaf

Op 25 september 2014 – ook wel aangeduid als Freaky Thursday voor het accountantsberoep – publiceerde de Werkgroep toekomst accountantsberoep (‘Werkgroep’) het rapport ‘In het publiek belang’ (‘In het publiek belang’). In dat rapport werden maar liefst 53

Double roles in attributing knowledge

The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.

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

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.

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