Who is a consumer? The dynamic approach to the concept of ‘consumer’ under the Brussels I Regulation

On 25 January 2018, the European Court of Justice (“ECJ”) rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons. First, the ECJ approved a dynamic approach to the concept of ‘consumer’ under the Brussels I Regulation. Secondly, the ECJ clarified that the special consumer forum … Read more

Bankruptcy trustee may be personally liable if claims encumbered by an undisclosed right of pledge (stil pandrecht) are collected against the will of the pledge holder

On 5 February 2016, the Dutch Supreme Court (“Supreme Court“) ruled (ECLI:NL:HR:2016:199) that an estate claim (boedelvordering) based on damage suffered by a pledge holder, caused by the wrongful collection of claims encumbered by a right of pledge by a bankruptcy trustee, does not have priority over the estate claim relating to the remuneration of the trustee. The Supreme Court … Read more