Track Record

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.

Hidde represented the lessor of a car rental company based in Curaçao, who claimed compensation from a lessee after the leased car was stolen. The Court of Appeal held that it had been provisionally proven that the lessor had warned the lessee at the time of signing the rental agreement about the risk of theft (and not taking out theft insurance), or at least that the lessee had deliberately waived theft insurance. The lessee was allowed to provide counter-evidence but failed to do so.

Marco successfully represented a party accused of making unlawful statements in the context of a (start-up) investment in a product. The claims brought were dismissed.

In summary proceedings, AMS Advocaten acted for an allotment association in a dispute about whether a son could continue his mother’s membership. The preliminary relief judge held that there was no right to continuation or partner membership, dismissed all claims and ordered the claimant to pay the costs.

Onno successfully represented a company in proceedings in which the opposing party sought leave to call a third party in warranty. The court dismissed that request.

This landmark case concerned the annulment of an arbitral award. Following the Supreme Court’s judgment in cassation, greater weight must now be given to mediation clauses in agreements between professional parties.

In these summary proceedings, termination of the membership was held to be valid, and the court ruled that the association could not reasonably be required to allow continuation, so the plot had to be vacated and the member was ordered, subject to penalties, to cooperate with valuation and transfer of the garden shed.

On behalf of Dutch wine importers, Thomas successfully brought summary proceedings before the Amsterdam District Court against a well-known sommelier, who was ordered to publish a rectification. With more than 50,000 followers, the sommelier had to post a rectification on his Instagram page because he had wrongly accused the organisers of a South African wine tasting of racism.

Onno represented several foundation directors in a principled dispute with a fellow director about the performance of directors’ duties.

In proceedings about the dissolution and division of a general partnership (vof), the Rotterdam District Court held – after expert evidence – that the business was continued by the remaining partners and that they had to pay AMS’s client an amount for under-allocation, in addition to his legal costs.