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…
No-lease clause fails against tenants who came before the mortgage
No-lease clause and forced sale where tenancies already exist The Amsterdam Court of Appeal holds that a mortgagee cannot invoke the no-lease clause (huurbeding) against…
Car written off and complaint about stripping two and a half years later: court of appeal dismisses damages claim
Repair instruction, total loss and storage costs The Court of Appeal Amsterdam upholds the dismissal of a damages claim by a car owner who left…
Six days is too short: court of appeal warns notaries who informed heir too late about property transfer
The notary's duty of care on the transfer of an inherited home The Amsterdam Court of Appeal holds that two notaries breached their duty of…
Asbestos after buying a home: who pays for the remediation?
Asbestos in a purchased home: Alkmaar dismissed the remediation costs, Haarlem awarded them. Four questions decide who pays, from normal use to the age clause…
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…
Trustee comes up empty: takeover of an insolvent company's customer base insufficiently substantiated
Goodwill and a relaunch after bankruptcy The Hague Court of Appeal dismissed the trustee in bankruptcy's claim because it was insufficiently substantiated that the customer…