Five years of the WAMCA: what the case law shows
Introduction The Mass Damages Settlement in Collective Action Act (WAMCA) has been in force since 1 January 2020. The Act introduced a system in which…
Webshop not delivered after a year: district court rescinds agreement and dismisses €125,000 damages claim
Breach and rescission in IT projects The District Court of Zeeland-West-Brabant holds that a client rightly rescinded the agreement for the construction of a webshop.…
Bank breaches duty of care with interest rate swaps: informed too late and too vaguely
Duty of care and duty to warn in interest rate swaps The Amsterdam Court of Appeal holds that a bank breaches its duty of care…
Artist loses royalty dispute but may terminate exploitation agreements
Royalty remuneration and digital music exploitation The Amsterdam District Court holds that streaming via platforms such as Spotify does not qualify as licensing to third…
Collectible card trader recovers purchase price and lost profit after non-delivery
Breach of contract and lost profit involving scarce products Two traders in Disney Lorcana collectible cards were held jointly and severally liable to repay €46,000…
Youth care foundation loses preliminary relief proceedings against Municipality of Amsterdam after integrity investigation
Integrity investigation and termination of a youth care framework agreement The provisional relief judge in Amsterdam dismissed the claims of a youth care foundation that…
Court orders rectification after accusations on social media
Unlawful statements on social media The court prohibits unfounded accusations of criminal offences on social media and orders rectification, even where crude abuse is permitted.…