Introduction
This overview accompanies the main article on the statutory dispute resolution and contains all 39 analysed statutory dispute resolution cases, ordered by legal question.
Expulsion (Section 2:336 DCC)
Conduct that justifies expulsion
expert consultancy firm (50% shareholder) (2013), Unilaterally ended the cooperation, took client files, blocked the software and approached clients for a business of his own. construction company (50/50) (2025), Covert withdrawals of funds through the son's affiliated companies; cash sales "under the counter". One of the first decisions under the new law (reciprocal expulsion, Section 2:336a). flower bulb company (2021), Mutual accusations; the Enterprise Chamber chooses the shareholder able to continue the company's policy and offering a prospect of business succession.
Expulsion refused
50/50 private company, mutual accusations (2025), The applicant had a substantial share in the escalation himself; a party who escalates cannot successfully claim expulsion.
Reciprocal expulsion and demerger (Section 2:336a)
demerger of activities (2025), The Enterprise Chamber orders a demerger into a new company; joint handling of the related claims would disproportionately delay the withdrawal proceedings.
interim judgment on valuation of the expert consultancy firm (2023), appointment of an expert in the expulsion (2025).
Withdrawal (Section 2:343 DCC)
Continuation cannot reasonably be required
Decucare (interim judgment) (2021), Withdrawal granted; a structural deadlock combined with concrete prejudicial conduct.
Decucare (valuation date/equitable increase) (2021), AM Holding (appointment of an expert) (2019).
Withdrawal refused
medical devices company (2019), Corporate opportunity insufficiently substantiated in concrete terms. disrupted relationships (2020), Merely disrupted relationships and deficient information-sharing are, in themselves, insufficient grounds.
Relationship to provisions in the articles of association and shareholders' agreements
STAK administration conditions (2026), The administration conditions of the STAK (trust office foundation) did not meet Section 2:337(1) DCC (no clear obligation to purchase); the indirect shareholder was substantively entitled to petition; market value as the starting point. family business, bridges/playground equipment (2020), A contractual price formula (profitability value) prevails over the statutory dispute resolution, but is not exempt from review against reasonableness and fairness.
Price determination
Valuation method and expert investigation
flower bulb company (expert report set aside) (2021), The first report was set aside; the expert had not addressed the objections and had relied on party-affiliated valuations. A price of nil was "difficult to reconcile" with substantial intrinsic value. real estate company (2025), For real estate the Enterprise Chamber requests, alongside a DCF, also the liquidation value.
expert consultancy firm (valuation) (2023), appointment of an expert, flower bulb company (2022).
Equitable increase/decrease (Section 2:343(4))
counterfactual test (2022), The increase is limited where the company would have ceased even without the withdrawals of funds (loss of the main client). i3 case (2025), Value nil following mismanagement; the price consists entirely of an equitable increase, determined on an estimated basis at one third of the earlier valuation. buy-and-build, installation sector (2025), Contractual formula (3.2x EBITDA) as the starting point but not "as if nothing had happened"; equitable increase on account of systematic prejudice; non-compete clause annulled for error (dwaling).
Valuation date
valuation date on withdrawal (2015), Valuation date = the date of the interim judgment establishing that the claim can be granted.
Two-tier price mechanism
pending claims (2021), A fixed part paid immediately, a deferred part dependent on the outcome of pending proceedings.
expert costs (2022), The budget for the expert investigation had risen to almost €90,000.
Budget and advance for the expert investigation
budget increase (2020), budget increase II (2020), recording of the settlement, AM Holding (2022), budget determination (2025), determination of the advance (2025).
Section 2:343c DCC (joint price determination)
Jomabas (2025), Inquiry/withdrawal petition converted at the hearing into a joint price-determination petition; a pragmatic route actively facilitated by the Enterprise Chamber. taxi group (2025), A creative variant: the expert produces two valuations (with and without the transferred activities) to address the corporate opportunity allegation without resolving that point of dispute.
NMS Beheer/asset manager (2025).
Concurrence of the statutory dispute resolution and inquiry proceedings
exclusive jurisdiction over related claims (2022), The Enterprise Chamber considers itself exclusively competent for claims so closely connected with the statutory dispute resolution that joint handling is required. its own assessment framework (2023), For related claims the Enterprise Chamber applies its own assessment framework, which departs from ordinary civil proceedings.
Procedural law
Bar on appeal and breakthrough case law
appeal only after price determination (2020), Section 2:339(1) DCC is not a bar on appeal but regulates the timing: an appeal can only be brought at the same time as the appeal against the price determination. breakthrough excluded (2015), The breakthrough case law offers no relief for circumventing the appeal rule.
appeal only after price determination II (2021).
Interim measures
standard for interim measures (2023), The standard for interim measures in statutory dispute resolution proceedings.
Admissibility
no shareholder, no statutory dispute resolution (2025), conditional counter-petition not convertible (2026), corrected judgment (2023).