Supreme Court

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.

Dutch national police service liable for unlawful granting of firearms permit

In a recent decision (ECLI:NL:HR:2019:1409), the Supreme Court has decided that the Dutch national police force is liable for damage suffered by victims of a shooting which took place in a shopping centre in 2011; an event that shocked the Netherlands.

Stibbe advises BP

Stibbe successfully acted as counsel for BP in proceedings before the Dutch courts and the CJEU.

Non-contractual liability of the accountant who performs a non-statutory task

The legal journal Maandblad voor Vermogensecht has published an article by Gertjan Boekraad on ‘the scope of the non-contractual liability of the accountant who performs a non-statutory task’.

Don’t get scammed, and don’t let scammers scam: the legal framework for mistaken payments clarified

"Bol.com mistakes scammers for Brabantia and pays €750,000" read headlines in The Netherlands in May 2021.

Stibbe wins case before Supreme Court regarding transparent distribution of government land

Today, the Supreme Court issued a groundbreaking ruling on the sale of real estate by government entities such as municipalities.