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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.

Assistance in inquiry regarding information rights and potential conflicts of interest

Xagan represented a company in an inquiry procedure initiated by one of the shareholders concerning the minority shareholder’s right to information and possible conflicts of interest of directors. The Enterprise Chamber dismissed the minority shareholder’s request for an inquiry.

Tags: Inquiry proceedings

Home defect: seller liable; damages based on actual repair costs

Together with Denise, Marco successfully held a home seller liable on behalf of the buyer for a defect that impeded normal use of the property. In assessing the damage, the court estimated the actual repair costs, taking into account depreciation (“new for old”). In this interim judgment, the court put questions to the seller.

Tags: Dispute regarding non-conformity of home

Investment dispute: clients’ monetary claim granted in injunction

In summary proceedings about an investment dispute between private investors and an investment fund in managed accounts, the monetary claim of AMS’s clients was allowed. The company was ordered to repay and to provide insight into returns and – conditionally – the director was held personally and jointly liable if the company failed to pay.

Tags: Contract lawDirector’s liability

Camper dispute: full reimbursement of €11,000 repair costs awarded

In 2024, Clemens represented a client in a dispute with a car dealer about a camper van worth €50,000 that developed defects shortly after purchase. The seller refused to carry out repairs and argued that the buyer was not allowed to engage a third party to perform them. Clemens demanded payment of €11,000 in repair costs and, after the seller rejected the demand, brought proceedings before the subdistrict court. The court ruled in favour of his client: the seller was ordered to pay the full amount, plus extrajudicial collection costs, statutory interest and legal costs.

Third-party garnishees ordered to provide full disclosure under penalty of a fine

Lennard and Kelly conducted summary proceedings in February 2025 in a third-party attachment declaration procedure, because several third-party garnishees refused to submit a correct and complete third-party attachment declaration. The preliminary relief judge ordered the garnishees to submit written, accurate, reasoned and documented declarations and to pay to the bailiff any amounts owed under those declarations, subject to a penalty payment.

Conservatory arrest of seagoing vessel leads to settlement agreement

For a Dutch client, Lennard levied a prejudgment attachment on a seagoing vessel abroad under the Arrest Convention. The vessel was placed in judicial custody so it could not sail away. Under that pressure, the owner of the vessel entered into a settlement agreement.

Tags: Arrest Convention

Court: business partner must honour purchase agreement in division dispute

Rosa represented a client in a special distribution case. The client and a business partner jointly owned a rented house and wanted to end this structure. They agreed that the client would acquire full ownership of the property for a set purchase price. When a dispute arose and the partner refused to honour the agreement, he started proceedings and claimed that the client should be ordered to cooperate in a sale to a third party at a higher price. The court rejected that claim: there was a valid purchase agreement which the partner had to perform.

Tags: Division of business community

Court: no additional work proven; claims dismissed

Marco acted for a client who was confronted with additional work invoices. The district court held that there was no valid additional work and dismissed the claims.

Lawyers: Marco Guit
Tags: Dispute over invoices as additional work outside fixed price

Enterprise Chamber orders inquiry and appoints director with decisive 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 the company’s policy and course of affairs, justifying an investigation, and appointed a director with a casting vote.

Tags: Appointment of director with casting voteEnterprise ChamberInquiry

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