Section 2:248 DCC: when does a director bear the estate deficit?
When does a director bear the estate deficit? A building contractor goes bankrupt with a deficit of four hundred thousand euros. The trustee finds an…
Construction costs doubled at beach club: Beklamel standard not breached
Directors' liability in a construction-project cost overrun The Gelderland District Court dismisses a claim of over €1,000,000 against two former directors. Neither the Beklamel standard…
Supreme Court: contractual interest of 1.5% per month may be unacceptable
Contractual interest and collection costs tested against reasonableness and fairness The Supreme Court partially sets aside the court of appeal's judgment because the court failed…
Car hire firm's debt-collection cost clause annulled: court reviews of its own motion in default
Unfair debt-collection cost clause in a consumer contract struck down in default proceedings The District Court of Noord-Holland annuls, of its own motion, the debt-collection…
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…
Proceedings before the Enterprise Chamber
Introduction The Enterprise Chamber of the Amsterdam Court of Appeal is the specialised court for corporate disputes. It is the only court in the Netherlands…
B&B managed remotely: rescission and no relocation allowance
Poor tenant conduct and the tenancy regime in B&B lettings Anyone who runs a B&B entirely from a distance risks not only rescission of the…