Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies.
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.
Compliance with the information duty by hyperlink to general terms and conditions The applicability of a choice-of-court clause in general terms and conditions referred to by a hyperlink in the contract does NOT require the other party to have ticked a separate box for consent to the applicability of those GT&C.
Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.
Daniël Stein new senior associate at Stibbe We are pleased to announce that Daniël Stein will be joining Stibbe’s Amsterdam office as senior associate. His appointment as from 1 October 2023 will further strengthen our Litigation and Arbitration practice.
Interpretation of contracts under Dutch law: beware of the interpretation clause! Under Dutch law, the interpretation of contracts is governed by the 'Haviltex' standard. Parties who favour legal certainty sometimes opt for their own standard instead by including an 'interpretation clause'.
Stibbe advises various tour operators Stibbe advised various tour operators on advertising, price indications and permits, and represented them in litigation matters.
Stibbe assists Van Roey Stibbe assisted Van Roey in an injunction procedure against the city of Mortsel regarding the unlawful operation by the city of Mortsel and unfair commercial practices in the operation of a car park.