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Track record

An overview of some of our notable cases and judgments. We are known for our decisive approach and excellent results for our clients.

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Inquiry at hotel company leads to settlement under pressure of investigation

Onno represented a financier as interested party in an inquiry procedure concerning a hotel business. After the appointment of an investigator and an independent director and under the pressure of the inquiry, the case was settled.

Lawyers: Onno Hennis
Tags: Inquiry proceedings before the Enterprise Chamber

Court declares itself incompetent; €15 million claim dismissed

Lennard successfully represented a director in proceedings on the merits before the Rotterdam District Court. The director had previously been ordered by default to pay more than €15 million. On behalf of the director, Lennard lodged opposition against that judgment and raised a jurisdictional defence. The court upheld this defence, declared itself incompetent and dismissed all claims against the director.

Tags: DefaultDirector’s liabilityJurisdictionOpposition

Partnership dispute: dissolution ineffective; notice valid; expert appointed

For a departing partner in a dispute about termination and settlement of a general partnership before the Rotterdam District Court, AMS Advocaten achieved that the immediate dissolution by the other partners had no effect, that the client’s notice of termination as per 31 December 2019 was held valid and that an expert was appointed to determine the value of his partnership interest.

Tags: DistributionGeneral partnership

Conservatory attachment lifted due to breach of duty of candour (art. 21 DCCP)

Sander successfully obtained the lifting of a prejudgment attachment on bank balances in summary proceedings, because the attaching creditor had violated Article 21 of the Dutch Code of Civil Procedure by not fully and truthfully disclosing all relevant facts when applying for the attachment.

Tags: Lifting prejudgment attachmentSummary proceedings

Wind-farm contract termination: differing judgments from court and court of appeal

Marleen represented a party in proceedings about termination of a long-term agreement for the operation of a wind farm. In the event of a downgrade, the parties had to negotiate appropriate additional security. The district court held that Marleen’s client was allowed to terminate, but the Court of Appeal reached a different conclusion.

Tags: 403-statementcredit ratingTermination of agreement

Shareholder recovers shares; salary continued and dismissal suspended

Lennard successfully represented a shareholder in a shareholder dispute in summary proceedings before the Amsterdam District Court. The shareholder recovered 50% of his shares, continued to receive his salary and the dismissal resolution was suspended.

Tags: Dismissal and suspension decisionShareholderSummary proceedings

Summary proceedings: claim for performance of long-term agreement against FlixBus rejected

Thomas represented FlixBus in summary proceedings in which the other party sought performance of a long-term agreement. The court refused the requested relief.

Tags: Termination of long-term agreement

Statutory director awarded €120,000 compensation

Lennard represented a statutory director in proceedings on the merits before the Amsterdam District Court. The director received compensation of €120,000.

Tags: Fair compensationGuaranteeStatutory director

Director liability at housing corporation: successful claim and settlement

Against the backdrop of the scandals and public unrest in the Dutch social housing sector around 2015, Nienke successfully held a former director liable on behalf of a major housing corporation. After a successful appeal as well, the corporation reached a favourable settlement in April 2018.

Tags: Director’s liability

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