Cases Supreme Court Litigation

Applicants/Airbnb – preliminary reference proceedings
Dutch Supreme Court 19 November 2021, ECLI:NL:HR:2021:1725 (Applicants/Airbnb) regarding the question whether Airbnb acts as a broker and whether it is allowed to charge tenants with brokerage costs in case of short-term letting.

Dutch Supreme Court 1 October 2021, ECLI:NL:HR:2021:1407 (Fortbet/Respondents), in which the Supreme Court in the context of a squeeze-out procedure decided on the period for lodging an opposition for foreign defendants whose domicile is unknown.

Groenewegen q.q./Palma c.s.
Dutch Supreme Court 16 July 2021, ECLI:NL:HR:2021:1164 (Groenewegen q.q./Palma c.s.) regarding the question whether an employment relationship existed between a bankrupt Dutch parent company and the employees of a Spanish subsidiary.

Heijnen q.q./Gemeente Ridderkerk – preliminary reference proceedings
Dutch Supreme Court 4 June 2021, ECLI:NL:HR:2021:833 (Heijnen q.q./Gemeente Ridderkerk) on the status of environmental liabilities in bankruptcy.

Dutch Supreme Court 28 May 2021, ECLI:NL:HR:2021:783 (Hascor/Decante) concerning the question under which circumstances payment of a fraudulent invoice clears the debt.

Applicants/Pavljašević q.q.
Dutch Supreme Court 5 March 2021, ECLI:NL:HR:2021:351 (Applicants/Pavljašević) on the extent to which bankruptcy arises by operation of law after the statutory debt restructuring scheme for natural persons has been terminated without the debtor having paid his debts in full.

Dutch Supreme Court 29 January 2021, ECLI:NL:HR:2021:149 (Plaintiffs/Defendants) on the duty of care of an auditor towards a third party in the performance of a non-statutory duty.

Van Andel q.q./PSH
Dutch Supreme Court 29 January 2021, ECLI:NL:HR:2021:143 (Van Andel q.q./PSH) concerning the consequences of breaching a guarantee regarding the presence of a reinvestment reserve within the meaning of Section 3.54 of the IB 2001 Act.

Holding/ Municipality of Eindhoven
Dutch Supreme Court 8 January 2021, ECLI:NL:HR:2021:38 (Holding/ Municipality of Eindhoven et al.), concerning the possibility of referral to separate proceedings for the determination of damages for the estimate of the damages the surety will be owed if the main debtor fails to perform an obligation that extends to something other than the payment of an amount of money.

Van der Schee q.q./Defendant
Dutch Supreme Court 18 December 2020, ECLI:NL:HR:2020:2100 (Van der Schee q.q./Defendant), on the suspension of on-going proceedings in connection with the bankruptcy of one of the parties to the proceedings, in which the Supreme Courts reverses an earlier decision.

Call2Collect/Afterpay et al.
Dutch Supreme Court 11 December 2020, ECLI:NL:HR:2020:2009 (Call2Collect/Afterpay et al.) on the consequences of the incorrect specification of a party in a notice of appeal.

Dutch Supreme Court 27 November 2020, ECLI:NL:HR:2020:1892 (Karskens q.q./Defendant.) in the matter of the right to claim under a bank guarantee despite the fact that the main debtor has a (greater) counterclaim.

Dutch Supreme Court 13 November 2020, ECLI:NL:HR:2020:1783 (Plaintiffs/Defendant) in the matter of the terms and conditions that could be applied to an emergency route and the question of whether a penalty can be imposed if compliance with the ruling is not possible.

JKS Holding B.V. et al./Deus ex Machina et al.
Dutch Supreme Court 9 October 2020, ECLI:NL:HR:2020:1593 (JKS Holding B.V. et al./Deus ex Machina et al.) with regard to the admissibility of an appeal in cassation lodged in good time against the provisions imposed by the Enterprise Division on the ground that the inquiry proceedings were subsequently irrevocably ended.

Dutch Supreme Court 17 July 2020, ECLI:NL:HR:2020:1310 (Plaintiffs/Rabobank) on the question of whether, during the period that a dissolved legal person has ceased to exist after a declaration of bankruptcy due to insolvency, there are grounds for extending the time limit for claims against that legal person.

Immobile/ Promontoria et al. and Alegre et al./Promontoria
Dutch Supreme Court 10 July 2020, ECLI:NL:HR:2020:1274 en 1276 (Immobile/ Promontoria et al. and Alegre et al./Promontoria) with regard to the question of whether a bank is permitted to transfer its claim against one of its clients to a party that is not a bank.

Dutch Supreme Court 12 June 2020, ECLI:NL:HR:2020:1039 (Plaintiff/Rabobank), on the question of whether an easement also includes the right to use the way as a connection, through the dominant tenement, to another plot of land that is owned by the same party that owns the dominant tenement.

Applicants/Geelen q.q.
Dutch Supreme Court 5 June 2020, ECLI:NL:HR:2020:1016 (Applicants/Geelen q.q.) in the matter of an objection to the closing of a bankruptcy for lack of assets, in which the central issue was how lodging an appeal against the trustees of the Guarantee Scheme would affect the question of whether or not there were still potential assets.

Applicants/Curator q.q. et al.
Dutch Supreme Court 24 April 2020, ECLI:NL:HR:2020:801 (Applicants/Curator q.q. et al.) on the ending of a bankruptcy trustee’s duty if the estate is sufficient to satisfy the verified creditors.

State et al./VEB et al.
Dutch Supreme Court 3 April 2020, ECLI:NL:HR:2020:478 (State et al./VEB et al.) in the matter of the prevailing requirement for presuming the authority to request an inquiry into a group company, rendered in the framework of the nationalisation of SNS.

Dutch Supreme Court 20 March 2020, ECLI:NL:HR:2020:484 (Rabobank/Defendant) about the protection of third parties in respect of rights that are not disclosed in public records.

Applicant B.V./Defendant
Dutch Supreme Court 7 February 2020, ECLI:NL:HR:2020:213 (Applicant B.V./Defendant) in the matter of the possibility of the (extra-judicial) nullification of a contract of employment on the grounds of vitiated consent in the formation of that contract.

Plaintiffs/Banning et al.
Dutch Supreme Court 17 January 2020, ECLI:NL:HR:2020:61 (Plaintiffs/Banning et al.) in the matter of the criterion for a lawyer’s liability to third parties and the appellate court’s jurisdiction to adjudicate a case itself after vacating an interim judgment.

Plaintiffs/Curators Ruwaard van Puttenziekenhuis pro se
Dutch Supreme Court 4 October 2019, ECLI:NL:HR:2019:1494 (Plaintiffs/ Curators Ruwaard van Puttenziekenhuis pro se) in which the Supreme Court formulates a criterion for the personal liability of a proposed bankruptcy trustee during pre-pack proceedings and the bankruptcy proceedings that followed.

Dutch Supreme Court 30 August 2019, ECLI:NL:HR:2019:1291 (Vianen/Defendant) on the manner in which losses were assessed when establishing the loss incurred by a business as a result of being unable to expand its business in the distant past.

Dutch Supreme Court 19 July 2019, ECLI:NL:HR:2019:1245 (VNV/easyJet) in the matter of the extent of the prohibition on making staff available to a company where a strike, suspension or lock-out is occurring (the prohibition of “scab” labour).

VGZ/Van Brink q.q.
Dutch Supreme Court 19 April 2019, ECLI:NL:HR:2019:579 (VGZ/Van Brink q.q.) on the possibility of imposing a penalty in the matter of an order to refrain from suspension, withholding or offset of payment.

X q.q./UWV
Dutch Supreme Court 19 April 2019, ECLI:NL:HR:2019:649 (X q.q./UWV), with regard to the question of whether a statutorily privileged employees’ claim in the bankruptcy of a general partnership is also privileged in the bankruptcy or the debt rescheduling arrangement of the partners and whether the estate debt in the matter of the salary and contributions is also the estate debt in the bankruptcy or the debt rescheduling arrangement of the partners.

X et al./Y
Dutch Supreme Court 22 March 2019, ECLI:NL:HR:2019:418 (X et al./Y) on the duty of care of a tax adviser and the extent of that duty.

Applicant/Entzinger q.q. and Fousert q.q.
Dutch Supreme Court 15 March 2019, ECLI:NL:HR:2019:377 (Applicant/Entzinger q.q. en Fousert q.q.) on the question of whether a debtor can, both during the application of the debt rescheduling arrangement as well as after the debt rescheduling arrangement has ended with the granting of a clean slate, offset his debt to someone in a debt rescheduling arrangement against a claim on that person that was acquired during the debt rescheduling. The Supreme Court answered this question in the framework of declaration of bankruptcy proceedings.

Palladyne/Upper Brook
Dutch Supreme Court 18 January 2019, ECLI:NL:HR:2019:67 (Palladyne/Upper Brook) on the question of whether the UN sanction with regard to the freezing of Libyan assets also contained a prohibition on the exercising of voting rights on shares.

Dutch Supreme Court 14 December 2018, ECLI:NL:HR:2018:2297 (Rabobank/Rollecate) on the explanation of an abstract bank guarantee.

Curators Eurocommerce/Rabobank
Dutch Supreme Court 23 November 2018, ECLI:NL:HR:2018:2189 (Curators Eurocommerce/Rabobank) on whether it is possible, pursuant to a public right of pledge, for a bank to recover amounts coming into its client’s bank account after the reference date as stated in Section 54 of the Bankruptcy Act.

Dutch Supreme Court 13 July 2018, ECLI:NL:HR:2018:1220 (Rabobank/Defendant) in the matter of whether a suretyship agreement may be annulled due the lack of permission from the surety’s spouse.

De Jong/Defendant
Dutch Supreme Court 30 March 2018, ECLI:NL:HR:2018:471 (De Jong/Defendant) in the matter of the role of the bankruptcy trustee in executing an arrangement to terminate the bankruptcy.

AA Accountants/Defendant
Dutch Supreme Court 23 March 2018, ECLI:NL:HR:2018:428 (AA Accountants/Defendant) on the question of whether the assignment of a lawyer may be revoked, the binding force of an arbitral award and contractual deviation from the requirements for offset.

Boersen q.q./Pensioenfonds
Dutch Supreme Court 22 December 2017, ECLI:NL:HR:2017:3269 (Boersen q.q./Pension fund) in the matter of the extent to which it is possible that a bankruptcy trustee may oppose a declaration of bankruptcy should the estate be devoid of assets.

Roeffen q.q./Recipient
Dutch Supreme Court 15 December 2017, ECLI:NL:HR:2017:3149 (Roeffen q.q./Recipient) on the question of whether the turnover tax for which the pledgor becomes liable after the pledgor’s foreclosure sale to private individuals creates an estate debt for the pledgor in his/her bankruptcy.

Oi Groep
Dutch Supreme Court 7 July 2017, ECLI:NL:HR:2017:1281 (Oi Groep) in the matter of the international restructuring of the Brazilian telecommunications provider Oi Group and the revocation of the suspension of payments granted to its Dutch financing company PTIF.

Plaintiff/Curators Aldel
Dutch Supreme Court 31 March 2017, ECLI:NL:HR:2017:563 (Plaintiff/Curators Aldel) on the obligation of a bankruptcy trustee to the user of a plot of land to allow the user to remove the waste materials belonging to the estate from that plot of land.

Dutch Supreme Court 24 March 2017, ECLI:NL:HR:2017:488 (Applicant/Defendant) in the matter of the much criticised requirement for bankruptcy that there be more than one creditor for a declaration of bankruptcy (the plurality requirement).

X/Van Hees q.q. en Harmsen q.q.
Dutch Supreme Court 11 March 2016, ECLI:NL:HR:2016:395 (X/Van Hees q.q. en Harmsen q.q.) in the matter of a claim by the bankruptcy trustee demanding that the debtor repay the returns on investment paid out in the framework of a pyramid scheme (Ponzi scheme).

DLL/Logtestijn q.q.
Dutch Supreme Court 16 October 2015, ECLI:NL:HR:2015:3023 (DLL/Logtestijn q.q.) on whether or not the often applied ‘over-valuing scheme’ in the financing sector offers any resistance to bankruptcy.