Track record

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.

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.

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.

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.

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.

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.

For a director/shareholder in a complex hospitality dispute, AMS Advocaten obtained in summary proceedings the re-transfer of a 50% shareholding, suspension of the dismissal resolution of the general meeting due to breaches of statutory and corporate rules, and continuation of salary payments on the basis of an ongoing employment relationship.

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

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.

Around 2006, Nienke acted in a major case (with a stake of approximately €176 million) involving 74 parties, representing several flower bulb growers and their companies in proceedings in which they were held liable for large amounts alongside many other bulb growers, traders and parties in the sector. This high-profile case echoed the tulip mania of 1636-1637: just as in the 17th century, tulip prices rose sharply due to investor interest; via “koopbriefjes” (purchase slips), lots of bulbs still in the ground were repeatedly traded. This speculative futures market eventually collapsed.