Track record

Marleen and Willem represented a director who was held personally liable by the landlord of the BV she managed. The BV intended to operate a lunchroom, but when it became clear that the zoning plan was insufficient and no operating licence would be granted, the BV terminated the lease agreement. The landlord claimed that the BV’s directors were liable for the damages suffered (missed rental payments). The court dismissed all claims and ordered the landlord to pay the legal costs.

Het Financieele Dagblad published a second analysis on the intervention by Minister Karremans and the Enterprise Chamber in the Nexperia matter. The article notes, among other things, how exceptional it was that the Enterprise Chamber reached a decision without hearing the other party: “That is seldom, if ever, seen and has led to significant debate among legal scholars. ‘Such a decision conflicts with the fundamental right to be heard,’ wrote corporate law attorney Onno Hennis of AMS Advocaten in a blog. The ruling shows that, among other factors, the urgency of the matter prompted the court to follow this exceptional procedure.”

Kelly, Marleen and Lennard concluded a settlement agreement for a foreign client in a long-running dispute about the enforcement of a foreign arbitral award. The settlement agreement will be notarised so it can be enforced without court intervention. Significant sanctions, including penalties, apply in case of non-compliance.

On appeal, the mentorship over AMS’s client was lifted because the Court of Appeal held that the measure was no longer necessary: the person concerned functioned stably, received appropriate care and had a sufficiently supportive network, so that his non-pecuniary interests could be adequately safeguarded without mentorship.

Kelly and Lennard concluded a settlement agreement on behalf of a software company with its client following an earlier judgment. Under that agreement, the client is ordered to perform the contract after all, subject to a penalty payment.

Lennard successfully represented a director and several companies that were being held liable for full legal costs of €400,000 incurred in earlier proceedings. The court ruled in favour of Lennard’s clients, finding that they had not abused process or acted unlawfully through their litigation conduct. The claimant was ordered to pay AMS’s client €13,853.00 in legal costs.

Onno and Xagan successfully represented a company in an inquiry procedure following the sale of the business to a listed US company. The Enterprise Chamber dismissed the minority shareholder’s request for an inquiry.

Sander, Kelly and Lennard assisted a Danish/American client at a WHOA hearing. The client had a claim against a Dutch debtor who tried to prevent and/or delay attachments by obtaining a cooling-off period. Sander, Lennard and Kelly managed to prevent this. The client was then better able to collect the remainder of its claims.

Kelly and Lennard successfully claimed performance of a services agreement for the purchase of software on behalf of their client. The agreement and the general terms and conditions must be interpreted to mean that an interim termination ban had been agreed. The defendant was therefore not permitted to terminate before the end of the initial term and must perform the agreement.

Denise successfully represented a contractor in summary proceedings brought by the client to force resumption of the work. The contractor had suspended performance because invoices remained unpaid. The Midden-Nederland District Court largely ruled in favour of the contractor, ordering the client to pay and holding that the contractor only had to resume work after payment.