Closing-down sale: turnover tax incurred as a consequence of goods being sold to consumers by way of summary execution does not qualify as estate debt (boedelschuld)

1. Introduction The Amsterdam District Court requested a preliminary ruling with regard to turnover tax incurred as a consequence of a sale taking place by way of summary execution (Amsterdam District Court 5 July 2017, ECLI:NL:RBAMS:2017:4726, answered by the Supreme Court on 15 December 2017, ECLI:NL:HR:2017:3149). 2. Facts Geddes & Gilmore Retail B.V. and Geddes & Gilmore Wholesale B.V. (together … Read more

Supreme Court confirms existing case law – payments in cash for unused leave due to the bankruptcy of an employer are still considered to be estate debts

Introduction 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, regardless of when the entitlement to such leave accrued (ECLI:NL:HR:2017:2907). This ruling was given as a response to a request … Read more

Interest accrued during a suspension of payments does count in bankruptcy

On 24 November 2017, the Dutch Supreme Court ruled that in the event a suspension of payments is converted into a bankruptcy, interest that accrues after the suspension of payments was granted, but before the debtor was declared bankrupt, can be presented to the bankruptcy trustee for verification (HR 24 November 2017, ECLI:NL:HR:2017:2991). The reason for this ruling was a … 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