An overview of some of our notable cases and judgments. We are known for our decisive approach and excellent results for our clients.
Lennard represented a shareholder of a healthcare company. On behalf of the client, he petitioned the Enterprise Chamber to order an inquiry. The Enterprise Chamber found there were well-founded reasons to doubt the soundness of the company’s policy and course of affairs, justifying an investigation, and appointed a director with a casting vote.
Lennard represented a shareholder of a healthcare company. On behalf of the client, he petitioned the Enterprise Chamber to order an inquiry. The Enterprise Chamber found there were well-founded reasons to doubt the soundness of policy and the course of affairs, justifying an investigation. This was due, among other things, to the transfer of staff by the director, declining profits and transactions in which the director had a conflict of interest.
Lennard assisted a client against whom an evidence seizure had been levied. The request to inspect the seized information was fully rejected because there was an insufficient link between the claim for which the seizure had been granted and the legal basis of the disclosure claim.
Lennard conducted summary proceedings for a Danish client. The court ordered the defendant to disclose her sources of income and assets by, among other things, providing insight into her bank statements, debtors and other income in the Netherlands and abroad.
Lennard Noordzij Lennard represented a Belgian director in a director’s liability case before the Rotterdam District Court, in which he was being held liable for €300,000. All claims against the director were dismissed because it had not been established that he could personally be seriously blamed. The opposing party was ordered to pay €8,000 in legal costs.
Onno successfully claimed access to sales figures on behalf of his client, based on an agreement entitling the client to 8% of the gross margin on COVID-19 tests sold by the parties.
Onno successfully represented a foundation in proceedings in which a third party claimed to have lent substantial sums to the foundation. The district court ultimately allowed only a small part of the claim.
Onno Hennis On behalf of a Danish client, Lennard requested recognition in the Netherlands of a foreign arbitral award under the New York Convention for an amount of €1 million and permission to enforce that award in the Netherlands. The Arnhem-Leeuwarden Court of Appeal granted the request. It held that there was no conflict with Dutch public policy, recognised the arbitral award, granted leave for enforcement in the Netherlands and ordered the opposing party to pay €11,000 in legal costs.
Lennard Noordzij In this case, AMS represented an association that had terminated a member’s membership. The member contested the termination. The articles of association provided for an internal appeal in case of termination. Because the member wished to appeal but the board refused to convene the required general meeting, the board’s termination decision was held to be contrary to the reasonableness and fairness required by Article 2:8 Dutch Civil Code.
AMS successfully represented a client in proceedings about alleged transgressive behaviour at a student association. In proceedings on the merits, the decision to expel the client from membership was annulled due to breach of the right to be heard and lack of factual basis; the court ordered a rectification and declared that the allegations constituted an unlawful act.