On 4 March 2019, an amended version of the Dutch “Claimcode” was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market. Like the 2011 original, the 2019 Claimcode contains guidelines for the governance of organizations that pursue collective claims and settlements, aiming to ensure that claim organizations put the interests of … Read more
On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passed without a vote. The legislative proposal will have a significant impact on the litigation climate in the … Read more
On 14 March the European Court of Justice issued a landmark judgment in the Skanska case. In this ruling, the Court of Justice held that parent companies can be held liable for the damage caused by a competition infringement committed by their subsidiary if the parent company (that holds all the shares in the subsidiary) has dissolved the subsidiary but continued … Read more
On 6 February 2019, the European Court of Justice (“CJEU“) ruled that the Peeters/Gatzen claim falls within the scope of Regulation Brussels I (recast) (Regulation (EU) 1215/2012) (“Brussels I“) and therefore the Regulation on Insolvency Proceedings (Regulation (EU) 2015/848) (“Insolvency Regulation“) does not apply (ECLI:EU:C:2019:96). This ruling provides an answer to the preliminary questions asked by the Dutch Supreme Court … Read more
Are Dutch courts entitled to lift a prejudgment attachment levied against an international organisation on its assets in another state? On 22 February 2019, the Dutch Supreme Court submitted preliminary questions to the Court of Justice of the European Union concerning this issue (ECLI:NL:HR:2019:292). In essence, the preliminary questions ask whether courts in one state are entitled to rule on … Read more
Online marketplaces provide sales channels not only for professional traders but also for individuals selling second-hand goods. For buyers, online advertisements do not always make it clear whether the seller is a professional trader or an individual. This distinction is important because consumers buying from a professional trader can benefit from EU consumer laws, while these protections do not apply … Read more
A recent ruling by the Dutch Court of Appeal confirmed that claimants will need to sufficiently substantiate their claim that they suffered loss due to a cartel, even in follow-on cases. Despite a presumption that sales or service contracts concluded during the cartel period have been affected by the cartel, claimants will still need to provide the courts with concrete, … Read more
Commercial interest versus statutory interest 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. If a car dealer buys the same car from an importer and fails to … Read more
On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective actions for damages on an ‘opt-out’ basis. The legislative proposal allows for such claims provided that the requirements of article 3:305a … Read more
Under Dutch law, a debtor can remedy a default by offering to perform its obligations at a later date. Such an offer, however, has to include an offer to pay for damages and costs incurred as a result of the default (art. 6:86 DCC). If the creditor refuses to accept an offer that meets such criteria, the creditor will be … Read more