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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Judgment

Opposition successful: contractor not bound by unauthorised foundation survey

For a longstanding client, a small construction company, Rosa lodged opposition. The contractor had been ordered by default to pay an outstanding invoice for foundation investigation. That judgment was successfully challenged: the contractor had never commissioned the investigation; it had been ordered by someone involved in the project who was not an employee of the contractor. The court also found that there was no apparent authority.

Authority of representation in granting instructionsOpposition proceedings
Judgment

Administrative challenge to wrongful deregistration of foundation director successful

Onno successfully represented a director in several administrative proceedings concerning the unlawful deletion of his registration as foundation director.

Registration of directors in Trade Register
Judgment

Director liability: former director held liable for damages

Onno successfully represented a company in a dispute with a former co-shareholder/director who was held liable by the court for damages resulting from mismanagement.

Director’s liabilityShareholder dispute
Judgment

Interim ruling: dismissal of directors valid

Onno successfully represented a foundation that wished to dismiss two of its directors. In an interim judgment, the court held that the dismissal was neither void nor voidable.

Dismissal of foundation directors

Curator realises sale of BNI assets to maximise recovery for creditors

In November 2023, Sander was appointed bankruptcy trustee in the insolvency of BN International B.V. Until its bankruptcy, BNI was one of Europe’s largest wallpaper manufacturers, with a turnover of around €64 million and 121 employees. In order to realise as much value as possible for the creditors, Sander sold BNI’s land, factory buildings and production lines.

Appointment as trustee
Judgment

Contractor liable for defect in newly built home: repair required

Marco successfully represented the purchaser of a newly built home in a dispute with the contractor about whether the home had a defect for which the contractor and builder were liable. The district court answered that question in the affirmative, obliging the contractor to repair the defect in the purchasers’ home.

Contractor liabilityDefect in constructed home

Injunction prevents forced home sale; owner granted more time for financing

Denise prevented a house from being auctioned due to mortgage arrears. She initiated summary proceedings to compel the bank to cancel the auction on the grounds that proceeding with the sale would be unacceptable according to standards of reasonableness and fairness and contrary to the bank’s duty of care. A settlement was reached at the hearing, giving the homeowner more time to arrange financing.

Judgment

Steinhoff WHOA plan confirmed: €10.4 billion restructured

Onno and Sander acted for the German investors’ association SdK (Schutzgemeinschaft der Kapitalanleger e.V.). In the public WHOA proceedings of Steinhoff International Holdings N.V., the Amsterdam District Court confirmed the plan on 21 June 2023. The case involved approximately €10.4 billion in debt and was one of the largest WHOA restructuring cases to date.

Judgment

Easement revived by prescription: court confirms existence of right

Denise won a case about easements that had lapsed due to land consolidation but re-arose through prescription. The Amsterdam District Court held that the claimant’s legal predecessors had used the path for more than 10 years as if there was an easement. Because they were also in good faith, the easements had been re-established.

Article

Successful complaint to the Press Council on behalf of eDreams

On behalf of online travel agency eDreams, Thomas successfully filed a complaint against the editor-in-chief of broadcaster Omroep MAX with the Press Council.

Complaint to the Press Council
Page 6 of 7 (67 track records)

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