Track record

This case essentially concerned whether there was a loan agreement between a company and one of its shareholders, AMS Advocaten’s client. The district court held that there was and that the company had to repay the loan.

On behalf of a bankruptcy trustee, Sander successfully acted against a former director who had breached a non-compete clause in the shareholders’ agreement after the bankruptcy date. In summary proceedings, the preliminary relief judge ordered the director to cease his competing activities. The director’s appeal was dismissed for lack of interest, after Sander successfully argued that the term of the non-compete clause had already expired.

On behalf of a client in the art sector, Nienke intervened in proceedings to dismiss the board of a foundation. Under that pressure, the board voluntarily resigned.

At Lennard’s request, the District Court supplemented a previous judgment in a later decision, in which the director personally and the parent and subsidiary of the company in question had been held liable for a claim against that company, so that the interest start date was correct and the judgment could be enforced immediately.

Onno successfully represented a partner in summary proceedings about the conclusion of a settlement agreement and improper payments made by the other partner.

Onno successfully represented a Swiss company in a dispute over the purchase of a large batch of flooring. At first instance the Swiss client’s claims were dismissed, but the case was settled under the pressure of appeal.

AMS Advocaten represented a client on appeal in disciplinary proceedings against a bailiff concerning the abusive use of attachment as a means of pressure in a group claim. The Court of Appeal declared the complaint partly well-founded, imposed the sanction of reprimand on the bailiff and ordered him to pay the costs in both instances.

Lennard successfully represented a foreign company that was left with an unpaid claim against an empty private limited company. The court allowed all of Lennard’s client’s claims and held the director personally, as well as the parent and subsidiary of the company in question, liable for the full debt of approximately €170,000.

Against the background of the difficulties faced by many housing associations, Nienke successfully represented a large number of former supervisory directors who had been held liable by a major Brabant housing association. Following a thorough defence and a well-conducted oral hearing, a very favourable settlement was reached for the supervisory directors and the D&O insurer.

Lennard successfully represented a company and its two directors who were being sued for payment of a contractual penalty of more than €1.1 million in a case about broken-off negotiations. The court ruled in favour of Lennard’s clients and held that the company and its directors were free to terminate the negotiations without incurring liability.