Dutch Supreme Court rules on the importance of the judgment of a disciplinary court for the judgment on civil liability

In its decision of 22 September 2017, ECLI:NL:HR:2017:2452 the Dutch Supreme Court ruled that a judgment on civil liability must include sufficiently comprehensible reasons explaining why it differs from a judgment given by a disciplinary court on the same facts. Background of the case The plaintiff had a company that imported flowers from Kenya. Since its formation, the company had … Read more

Judgement beyond the ambit of the legal dispute

In its judgment of 14 July 2017, ECLI:NL:HR:2017:1357 the Supreme Court decided that the pleadings did not provide sufficient basis for the decision of the Court of Appeal that the contractor’s claim was also based on joint and several liability of the alleged client. Moreover, the pleadings provided no evidence that the alleged client acknowledged that the contractor considered the … Read more

Dutch Supreme Court ruled on the time limit under which appeals must be brought

On 1 September 2017, the Dutch Supreme Court ruled that the appeal period ends three months after the day on which the court has given its judgment, at the end of the day with the same number as the day on which the judgment was given (ECLI:NL:HR:2017:2225). However, when the appeal period of three months expires in a month that … Read more

Stibbe hosts annual authors’ conference of the Dutch Company Law Monthly Review (Maandblad voor Ondernemingsrecht)

Each year Maandblad voor Ondernemingsrecht (MvO), a Dutch monthly review of company law, invites its past and prospective authors for an annual meet & greet. This year’s meeting will take place on 21 September 2017 and will be combined with a conference on company law. The speakers and subjects are: Frans Overkleeft – The position of shareholders in listed companies … Read more

Termination of continuing performance contracts: a new chapter

On July 7th 2017, the Dutch Supreme Court added a new chapter to the case law it has developed over the years regarding the termination of continuing performance contracts, making a specific exception for publishing agreements regarding copyrighted works (ECLI:NL:HR:2017:1270). Disputes between parties that have mutually accepted continuing obligations often revolve around the question whether and on what conditions one … Read more

Act against unreasonably long payment effective as of 1 july 2017

On 1 July 2017, the act against unreasonably long payment terms came into effect (the ‘Act’). The Act aims to shorten payment terms throughout the supply chain and for SMEs in particular. In short, the Act prohibits large companies acting as purchasers from imposing payment terms of longer than  60 days on SMEs acting as suppliers (or service providers). It … Read more

Sharing is caring? Loan for use, due care and the good paterfamilias

These days, there is a lot of talk about the “sharing” economy. The basic idea is that there is no need to buy, say, tools or domestic equipment if it is possible to borrow it for free from someone around the corner and vice versa. But what if the borrowed object gets damaged or stolen? Should the borrower then compensate … Read more

Can somebody else’s conduct qualify as your acknowledgement of a claim?

The acknowledgement of a claim interrupts the five years’ prescription period for claims for payment (art. 3:318 DCC). On 21 April 2017, the Dutch Supreme Court answered the question whether the conduct of one company can qualify as the acknowledgement of a claim by another company (ECLI:NL:HR:2017:755). The answer was “yes”, but the Supreme Court evaded the fundamental questions raised … Read more

Supreme Court rules on procedural and material aspects of liability of supervisory authorities

In short The Dutch Supreme Court emphasized on 2 June 2017 that the threshold for accepting liability of a supervisory authority is high (ECLI:NL:HR:2017:987). In its judgment, the Supreme Court also ruled that the State does not have a strengthened obligation to furnish facts in cases of liability of supervisory authorities. It depends on the circumstances of the case whether … Read more

Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART II)

In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called “reversal” rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio … Read more