Court of Appeal corrects allocation of payment and limits enforcement of a penalty clause in a lease
Allocation of a payment and a penalty clause after statutory debt rescheduling The Amsterdam Court of Appeal holds that a payment of €37,069.15 by the…
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…
Right of Withdrawal Ignored: Seller Liable for the Consumer's Actual Legal Costs
A seller who ignores the right of withdrawal by relying on a bespoke-goods exception that does not exist risks more than a refund of the…
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.…
Indemnity claims awarded: reliance on Section 6:23 DCC fails
Indemnities in M&A transactions and Section 6:23 DCC The court awards indemnity claims of almost €600,000 despite arguments about an oral clause and Section 6:23…