Extinctive prescription in case of possession in bad faith (art. 3:105 DCC): the former owner may reclaim the property on the basis of tort (art. 6:162 DCC)

Essence of the case On 24 February 2017, the Dutch Supreme Court delivered a judgment (ECLI:NL:HR:2017:309) regarding acquisition of ownership of immovable objects by means of extinctive prescription (bevrijdende verjaring). Under Dutch law, a possessor who possesses an immovable that is not his property, becomes the owner of that good after a period of ten years of uninterrupted possession in … Read more

Implementation of Antitrust Damages Directive: Dutch legislation effective as of 10 February 2017

On 9 February 2017, the act implementing the Antitrust Damages Directive (Directive 2014/104 /EU, the ‘Directive‘) into the laws of the Netherlands (the ‘Implementation Act’) was published  in the official Bulletin of Acts and Decrees (het Staatsblad). The Implementation Act is effective as of 10 February 2017. The Directive was adopted on 26 November 2014 and contains numerous provisions relevant … Read more

Singapore ratifies the Hague Convention on choice of court agreements

On 2 June 2016, the Singapore Ministry of Law announced that Singapore has ratified the Hague Convention on Choice of Court Agreements. The Convention was concluded in June 2005 by the Hague Conference on Private International Law, but did not enter into force until 1 October 2015. The ratification requirements for the Convention were met by the EU’s ratification in … Read more

Dutch collective actions and the question of relativity

On 27 November 2015, the Dutch Supreme Court ruled that a decision on the question of relativity can be obtained in a collective action (ECLI:NL:HR:2015:3399). The concept of relativity in Dutch law concerns the protective scope of a rule and entails that non-contractual damages can only be obtained if the rule that has been violated is intended to protect the … Read more

Prescription of claims arising out of a court settlement

On 27 November 2015, the Dutch Supreme Court rendered a judgment on the prescription of claims arising out of a court settlement (ECLI:NL:HR:2015:3423). The Supreme Court dismissed the argument that a court settlement would qualify as a court judgment and ruled that the normal rules for prescription of contractual claims apply. Factual background The claimant (the woman) and the defendant … Read more

Amsterdam District Court grants leave to summon a third party on the basis of article 118 DCCP

Amsterdam District Court 22 July 2015, ECLI:NL:RBAMS:2015:4408 (KLM et al./Deutsche Bahn et al.) On 22 July 2015, the District Court of Amsterdam issued a judgment in proceedings between KLM et al. (“KLM”) and Deutsche Bahn et al. (“DB Schenker”), in which it granted KLM leave to summon a third party on the basis of article 118 of the Dutch Code … Read more