ECJ answers preliminary questions on jurisdiction in cartel damage case

On 29 July 2019, the ECJ handed down a preliminary ruling concerning jurisdiction in follow-on damages proceedings in what is termed the trucks cartel. The court clarified that Article 7(2) Brussels I Regulation should be interpreted in such a way as to allow an indirect purchaser to sue an alleged infringer of Article 101 TFEU before the courts of the … Read more

Lifting attachments on assets of international organisations in another state – preliminary questions regarding jurisdiction and immunity

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

Dutch Supreme Court elaborates on the validity of a settlement agreement that is contrary to mandatory law

On 6 January 2017, the Dutch Supreme Court delivered its decision (ECLI:NL:HR:2017:19) on the validity of a contract of settlement (vaststellingsovereenkomst) (article 7:900 et seq. of the Dutch Commercial Code (DCC) that is contrary to mandatory law, thereby explaining article 7:902 DCC. According to the Supreme Court, a settlement agreement that is in breach of mandatory law is only valid … Read more