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

Purchase-option dispute: €187,550 repayment ordered

Xagan represented a company in a dispute concerning an option to purchase a commercial property. The Zeeland-West-Brabant District Court held that the seller could no longer perform its obligations under the option agreement after selling the property to a third party. The court rescinded the option agreement and ordered the seller to refund the option fees already paid, totalling €187,550.

Franchisee liable for breach of non-compete and must transfer domain names

Sander successfully represented a franchisor in a dispute with a franchisee. At the franchisor’s request, the franchisee was ordered to pay damages for breaching a non-compete clause and to transfer domain names to the franchisor.

Franchise agreementNon-compete clause
Judgment

Court dismisses directors and holds them personally liable for improper withdrawals

Onno successfully represented a foundation that wanted to dismiss two of its directors. In the final judgment, the court held that the dismissed directors were personally liable for improper withdrawals.

Dismissal of foundation directors
Judgment

Court: association’s termination valid; claims dismissed

In this case, AMS Advocaten represented an association that had terminated a member’s membership. The issue was whether the board had validly terminated the membership on the grounds that the member’s continued membership could no longer reasonably be required. The district court held that the board had sufficiently observed the principles of hearing and rebuttal, that termination – rather than expulsion – was the appropriate route, and that the board had reasonably acted within its policy discretion. The claims for annulment of the decision were dismissed and the claimant was ordered to pay the costs.

Judgment

Dog-grooming salon liable for noise nuisance: measures ordered

A dog grooming salon causing noise nuisance was ordered by the court to comply with the noise limits set out in the Activities Decree, subject to penalties. In proceedings initiated by Denise, the Amsterdam District Court held that unlawful noise nuisance had been established and that it was up to the salon to take measures when opening its business. The fact that the salon was located in Amsterdam, where residents generally have to tolerate more noise, made no difference. The court found that the level of noise from dogs, customers and equipment audible to the claimants was unlawful even in a city. The judgment was reported in Het Parool and on AT5.

Judgment

Construction company prevails in dispute over termination and incomplete works

Together with Rosa, Marco successfully represented a construction company in a dispute with its client about whether the contract had been validly terminated or whether the work had to be settled on the basis of early termination in an unfinished state.

Dispute over early termination of construction contract
Judgment

Construction dispute: termination deemed incomplete-state ending — remaining contract sum awarded

Together with Marco, Rosa represented a German construction company in a construction dispute with a client/main contractor. The main contractor had terminated the contract and claimed damages. We successfully argued that there had been termination in an unfinished state and obtained payment of the remaining contract price (minus saved costs).

Construction contract disputeTermination of unfinished work
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