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.
Fortbet/Verweerders
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.
Hascor/Devante
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.
Plaintiffs/Defendants
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 v. City of Eindhoven
Dutch Supreme Court - January 8, 202, ECLI:NL:HR:2021:38 (Holding v. City of Eindhoven et al.) - on the possibility of referral to separate proceedings for the determination of damages payable by the surety if the principal debtor fails to fulfill an obligation that relates to something other than the payment of money.
Van der Schee q.q. v. Defendant
Dutch Supreme Court - December 18, 2020, ECLI:NL:HR:2020:2100 (Van der Schee q.q. v. Defendant) - on the suspension of on-going proceedings in connection with the bankruptcy of one of the litigants where the Supreme Court revisits its earlier decision.
Call2Collect v. Afterpay et al.
Dutch Supreme Court - December 11, 2020, ECLI:NL:HR:2020:2009 (Call2Collect v. Afterpay et al.) - on the consequences of erroneous name reference to a party in a notice of appeal.
Karskens v. Defendant
Dutch Supreme Court - November 27, 2020, ECLI:NL:HR:2020:1892 (Karskens q.q. v. Defendant) - on the right to draw under a bank guarantee despite the principal debtor having a (larger) counterclaim.
Plaintiffs v. Defendant
Dutch Supreme Court - November 13, 2020, ECLI:NL:HR:2020:1783 (Plaintiffs v. Defendant) - on 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. v. Deus ex Machina et al.
Dutch Supreme Court - October 9, 2020, ECLI:NL:HR:2020:1593 (JKS Holding B.V. et al. v. Deus ex Machina et al.) - on the admissibility of a timely-filed appeal with the Supreme Court against the provisions imposed by the Commercial Division on the ground that the inquiry proceedings were subsequently irrevocably terminated.
Plaintiffs v. Rabobank
Dutch Supreme Court - July 17, 2020, ECLI:NL:HR:2020:1310 (Plaintiffs v. Rabobank) - on the question of whether, during the period that a dissolved legal entity has ceased to exist after a bankruptcy filing due to insolvency, there are grounds for extending the time limitation for claims against that legal entity.
Immobile v. Promontoria et al. and Alegre et al. v. Promontoria
Dutch Supreme Court - July 10, 2020, ECLI:NL:HR:2020:1274 and 1276 (Immobile v. Promontoria et al. and Alegre et al. v. Promontoria) - on the question of whether it is permissible for a bank to assign its claim against one of its clients to a party that is not a bank.
Plaintiff v. Rabobank
Dutch Supreme Court - June 12, 2020, ECLI:NL:HR:2020:1039 (Plaintiff v. Rabobank) - on the question of whether an easement also includes the right to use the road as a connection by way of the dominant land to another plot of land that is owned by the same party that owns the dominant land.
Applicants v. Geelen q.q.
Dutch Supreme Court - June 5, 2020, ECLI:NL:HR:2020:1016 (Applicants v. Geelen q.q.) - on an objection to a bankruptcy closure due to lack of assets where the central issue rested on how filing an appeal against the trustees of the Guarantee Scheme would affect the question of whether potential assets still existed.
Applicants v. Bankruptcy Trustee q.q. et al.
Dutch Supreme Court - April 24, 2020, ECLI:NL:HR:2020:801 (Applicants v. q.q. et al.) - on the termination of a bankruptcy trustee’s duty if the estate is sufficient to satisfy the verified creditors.
The State et al. v. VEB et al.
Dutch Supreme Court - April 3, 2020, ECLI:NL:HR:2020:478 (The State et al. v. VEB et al.) - on the applicable requirements for assuming the authority to request an inquiry into a group company, rendered in the context of nationalization of SNS.
Rabobank v. Defendant
Dutch Supreme Court - March 20, 2020, ECLI:NL:HR:2020:484 (Rabobank v. Defendant) - on the protection of third parties in respect of rights that are not disclosed in public records.
Applicant B.V. v. Defendant
Dutch Supreme Court - February 7, 2020, ECLI:NL:HR:2020:213 (Applicant B.V. v. Defendant) - on the possibility of (extrajudicial) nullification of an employment contract on the grounds of vitiated consent in the formation of that contract.
Plaintiffs v. Banning et al.
Dutch Supreme Court - January 17, 2020, ECLI:NL:HR:2020:61 (Plaintiffs v. Banning et al.) - on the criterion for an attorney’s liability to third parties and the appellate court’s jurisdiction to dismiss a case after vacating an interim judgment.
Plaintiffs v. Bankruptcy Trustees Ruwaard van Puttenziekenhuis pro se
Dutch Supreme Court - October 4, 2019, ECLI:NL:HR:2019:1494 (Plaintiffs v. Bankruptcy Trustees Ruwaard van Puttenziekenhuis pro se) - in which the Supreme Court formulates a criterion for the personal liability of a proposed bankruptcy trustee during prepackaged proceedings and subsequent bankruptcy proceedings.
City of Vianen v. Defendant
Dutch Supreme Court - August 30, 2019, ECLI:NL:HR:2019:1291 (Vianen v. Defendant) - on the manner in which losses were assessed upon establishment of the loss incurred by a business due to its inability to expand its business in the (distant) past.
VNV v. easyJet
Dutch Supreme Court - July 19, 2019, ECLI:NL:HR:2019:1245 (VNV v. easyJet) - on the scope of the prohibition on making labor available to a company where a strike, lockout, or sit-in is occurring (the prohibition of “scab labor”).
VGZ v. Van Brink q.q.
Dutch Supreme Court - April 19, 2019, ECLI:NL:HR:2019:579 (VGZ v. Van Brink q.q.) - on the possibility of imposing a penalty in respect of an order to refrain from suspending, withholding, or offsetting a payment.
X q.q. v. UWV (Employee Insurance Agency)
Dutch Supreme Court - April 19, 2019, ECLI:NL:HR:2019:649 (X q.q. v. UWV) - on the question of whether a priority creditor receiving a preferential right to payment in the event of a general partnership’s bankruptcy also will receive a preferential right to payment in the event of bankruptcy or debt repayment plan of the partners and whether an estate debt in respect of wages and premiums also constitutes the estate debt in the bankruptcy or debt repayment plan of the partners.
X et al. v. Y
Dutch Supreme Court - March 22, 2019, ECLI:NL:HR:2019:418 (X et al. v. Y) - on the duty of care of a tax adviser and the scope of that duty.
Applicant v. Entzinger q.q. and Fousert q.q.
Dutch Supreme Court - March 15, 2019, ECLI:NL:HR:2019:377 (Applicant v. Entzinger q.q. and Fousert q.q.) - on the question of whether a debtor may - both during the application and at the conclusion of the debt repayment plan - offset its debt to a third party in a debt repayment plan against a debt acquired by that party during execution of the debt repayment plan so that the debtor can be afforded a fresh start. The Supreme Court answered this question in the context of bankruptcy proceedings.
Palladyne v. Upper Brook
Dutch Supreme Court - January 18, 2019, ECLI:NL:HR:2019:67 (Palladyne v. Upper Brook) - on the question of whether the UN sanction involving the freezing of Libyan assets also prohibits the exercise of voting rights on shares.
Rabobank v. Rollecate
Dutch Supreme Court - December 14, 2018, ECLI:NL:HR:2018:2297 (Rabobank v. Rollecate) - on the interpretation of an abstract bank guarantee.
Bankruptcy Trustees Eurocommerce v. Rabobank
Dutch Supreme Court - November 23, 2018, ECLI:NL:HR:2018:2189 (Bankruptcy Trustees Eurocommerce v. Rabobank) - on whether, pursuant to a public pledge, a bank may recover amounts coming into its client’s bank account after the reference date stated in Section 54 of the Bankruptcy Act.
Rabobank v. Defendant
Dutch Supreme Court - July 13, 2018, ECLI:NL:HR:2018:1220 (Rabobank v. Defendant) - on whether a surety agreement may be nullified due to the absence of permission from the surety’s spouse.
De Jong v. Defendant
Dutch Supreme Court - March 30, 2018, ECLI:NL:HR:2018:471 (De Jong v. Defendant) - on the role of the bankruptcy trustee in the execution of a plan to terminate the bankruptcy.
AA Accountants v. Defendant
Dutch Supreme Court - March 23, 2018, ECLI:NL:HR:2018:428 (AA Accountants v. Defendant) - on the question of whether the assignment of an attorney may be revoked, the binding force of an arbitral award, and contractual departure from offset requirements.
Boersen q.q. v. Pensioenfonds
Dutch Supreme Court - December 22, 2017, ECLI:NL:HR:2017:3269 (Boersen q.q. v. Pensioenfonds) - on the extent to which a bankruptcy trustee may oppose a bankruptcy filing if the estate is devoid of assets.
Roeffen q.q. v. Recipient
Dutch Supreme Court - December 15, 2017, ECLI:NL:HR:2017:3149 (Roeffen q.q. v. Recipient) - on the question of whether the sales tax due by the pledger in a foreclosure sale by the pledgee to private entities constitutes an estate debt in the pledger’s bankruptcy.
Oi Groep
Dutch Supreme Court - July 7, 2017, ECLI:NL:HR:2017:1281 (Oi Groep) - on the international restructuring of the Brazilian telecom provider Oi Group and the revocation of the moratorium granted to its Dutch financing company PTIF.
Plaintiff v. Bankruptcy Trustees Aldel
Dutch Supreme Court - March 31, 2017, ECLI:NL:HR:2017:563 (Plaintiff v. Bankruptcy Trustees Aldel) - on the obligation of a bankruptcy trustee to allow the user of a plot of land to remove the waste materials belonging to the estate from that plot.
Applicant v. Defendant
Dutch Supreme Court - March 24, 2017, ECLI:NL:HR:2017:488 (Applicant v. Defendant) - on the heavily criticized plurality requirement, which provides that bankruptcy petitions must be filed by more than one creditor.
X v. Van Hees q.q. and Harmsen q.q.
Dutch Supreme Court - March 11, 2016, ECLI:NL:HR:2016:395 (X v. Van Hees q.q. and Harmsen q.q.) - on a claim by the bankruptcy trustees for repayment of returns paid out by the debtor as part of a pyramid scheme (not unlike a Ponzi scheme).
DLL v. Logtestijn q.q.
Dutch Supreme Court - October 16, 2015, ECLI:NL:HR:2015:3023 (DLL v. Logtestijn q.q.) - on whether the ‘equity arrangement’ commonly employed in the financing sector is bankruptcy-proof.
