Knowledge of a person’s possible liability for the damage suffered is not sufficient for the short limitation period of five years to start running (Dutch Supreme Court, 31 March 2017).

The Dutch Supreme Court ruled that that a prejudiced person’s knowledge of another person possibly being liable for the damage suffered is not sufficient certainty regarding the identity of the liable person for the short limitation period of five years to start running (Dutch Supreme Court, 31 March 2017, ECLI:NL:HR:2017:552). Legal background An action to claim damages is prescribed five … Read more

Dutch Supreme Court rules that property of foreign states is presumed to be immune from attachments and execution (Dutch Supreme Court, 30 September 2016, ECLI:NL:HR:2016:2236). Prejudicial question (prejudiciële vraag) on the scope of state immunity in cases of attachments and execution regarding state property.

According to the Dutch Supreme Court, attachments cannot be levied against property of a foreign state unless it is established that the property is in use or intended for non-governmental purposes. It is up to the claimant to state and prove that attachments can be levied against the property of a foreign state. This applies to prejudgment attachments (conservatoir beslag) … Read more

Dutch Supreme Court allows arrangements among parties regarding the apportionment of liability for public fines

Prejudicial question (prejudiciële vraag) regarding apportionment of fines On 11 December 2015, the Dutch Supreme Court held that a party can rely on a clause to recover a fine imposed by a public body (verhaalsbeding) from a contractual counterparty (Dutch Supreme Court, 11 December 2015, ECLI:NL:HR:2015:3568). The Supreme Court rendered this judgment after the  ‘s-Hertogenbosch Court of Appeal submitted the following … Read more