Track Record

On behalf of a bankruptcy trustee, Sander successfully acted against a former director who had breached a non-compete clause in the shareholders’ agreement after the bankruptcy date. In summary proceedings, the preliminary relief judge ordered the director to cease his competing activities. The director’s appeal was dismissed for lack of interest, after Sander successfully argued that the term of the non-compete clause had already expired.

On behalf of a client in the art sector, Nienke intervened in proceedings to dismiss the board of a foundation. Under that pressure, the board voluntarily resigned.

At Lennard’s request, the District Court supplemented a previous judgment in a later decision, in which the director personally and the parent and subsidiary of the company in question had been held liable for a claim against that company, so that the interest start date was correct and the judgment could be enforced immediately.

Onno successfully represented a partner in summary proceedings about the conclusion of a settlement agreement and improper payments made by the other partner.

Onno successfully represented a Swiss company in a dispute over the purchase of a large batch of flooring. At first instance the Swiss client’s claims were dismissed, but the case was settled under the pressure of appeal.

AMS Advocaten represented a client on appeal in disciplinary proceedings against a bailiff concerning the abusive use of attachment as a means of pressure in a group claim. The Court of Appeal declared the complaint partly well-founded, imposed the sanction of reprimand on the bailiff and ordered him to pay the costs in both instances.

Lennard successfully represented a foreign company that was left with an unpaid claim against an empty private limited company. The court allowed all of Lennard’s client’s claims and held the director personally, as well as the parent and subsidiary of the company in question, liable for the full debt of approximately €170,000.

Against the background of the difficulties faced by many housing associations, Nienke successfully represented a large number of former supervisory directors who had been held liable by a major Brabant housing association. Following a thorough defence and a well-conducted oral hearing, a very favourable settlement was reached for the supervisory directors and the D&O insurer.

Denise won a case about acquisition of ownership by prescription. The Noord-Holland District Court held that the claimant’s legal predecessor had been in uninterrupted possession of the immovable property for more than 20 years. As a result, ownership had passed to him despite his lack of good faith.

Lennard successfully represented an employer who had been held liable by a former employee for more than €60,000 in unpaid wages. The Noord-Holland District Court dismissed the wage claim because the employment contract had not been converted into a permanent contract.