Supreme Court

Stibbe paved the way for female SGP members

Citing the right to freedom of expression, the Reformed Political Party (Dutch abbreviation: SGP) argued that while women can become a member of the SGP, they couldn’t vote within the party or stand for public office on behalf of it.

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.

Capaciteitstekorten en de redelijke termijn

Een verdachte heeft recht op behandeling van zijn zaak binnen een redelijke termijn.

Announcement of amendments to draft bill to exclude RETT concurrence exemption for share deals

The Dutch government announced that the draft legislative proposal to exclude the application of the RETT concurrence exemption on the acquisition of a qualifying share interest in companies owning newly developed real estate will be amended.

Dutch Supreme Court decides on liability of de facto directors under Dutch law: ‘setting aside’ of formal directors is not required

In bankruptcy proceedings, directors under the articles of association of a Dutch B.V. or N.V. can be held liable by a bankruptcy trustee on the basis of specific articles of the Dutch Civil Code concerning manifestly improper management.

Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes

On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes.

Dutch Supreme Court answers prejudicial questions on the interpretation of the concept 'essentially new constructed real estate' for VAT purposes

On Friday 4 November 2022, the Dutch Supreme Court answered prejudicial questions of the Zeeland-West Brabant District Court on the interpretation of the concept of ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes.

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.

Marie-Julie Horseele

Junior Associate Brussels

Océane Dieu

Junior Associate Brussels

Stibbe advises several banks in the aftermath of the Lernaut & Hauspie debacle

Stibbe represented Artesia Bank Nederland in the Lernout & Hauspie case before the Court of Appeal in Ghent regarding the possible confiscation of shares worth EUR 30 million. We also assisted Dexia Bank in the L&H case before Belgium's Supreme Court.

Stibbe represents retail company

Stibbe represented an upmarket department store company in the highly publicized proceedings before Belgium’s Supreme Court (Hof van Cassatie/Cour de cassation) regarding the validity of the national sales period legislation in light of EU law.

Stibbe represents aviation client

Stibbe represented an aviation client before a Belgian criminal court in a liability case relating to the fire in a hangar at the Belgian National Airport.

Stibbe advises ONDD

Stibbe assisted the ONDD (Office national du ducroire - Nationale Delcrederedienst) in arbitral proceedings—and obtaining a favourable ruling for it—regarding insurance claims arising out of the early termination of construction contracts in Dubai.

Supreme Court confirms existing case law

On 17 November 2017, the Supreme Court confirmed the existing case law that if employees are entitled to payment in cash for unused leave due to the bankruptcy of their employer, such claims are considered to be estate debts.