Asbestos issues when buying residential or business premises
Until the early 1990s, the mineral asbestos was used in the manufacturing of a lot of products. Old building materials for instance often contain asbestos.
Excessive lending. Court rejects claim Rabobank for repayment of residual debt
The breach of the duty of care of the bank in granting a mortgage loan may have far-reaching consequences for the bank, as can be seen in a decision of the “Midden-Nederland” court of 12 October 2016.
Conference on 60 years CMR reveals differences in application treaty
On 6 and 7 October, the International Conference 60 years CMR took place. I was pleased to attend the conference. The following is a brief report of several interesting issues that were discussed.
Carrier liable for damage after delivery
On 21 June 2016, the Arnhem-Leeuwarden Court of Appeal has rendered an interesting decision on the period of liability of the carrier. The main rule is that the carrier has done his duties, when he delivers the received goods without damage or delay. Therefore, the moment of delivery is an important moment for the transport contract.
Every cloud has a silver lining
On the last day of 2015, one of the Netherlands’ largest department stores has been declared bankrupt. V&D's bankruptcy had negative consequences on various parties. For example on Senz, a supplier of storm umbrellas.
A solar farm: movable or immovable property?
Without energy, everything comes to a standstill. When speaking of energy, the emphasis is increasingly focused on alternative energy sources, partly stimulated by government measures (subsidies etc.). Often, people speak of ‘green’ energy and a good example is solar energy.
Dutch bankruptcy law
Bankruptcy in The Netherlands is governed by the Dutch Bankruptcy Act. Intra-EU cross-border insolvency proceedings are governed by Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. Cross-border insolvency proceedings that do not fall within the scope of the EU Insolvency Regulation will be governed by the general rules of Dutch Private International Law.
Debt collection in the Netherlands
LVH Advocaten offers professional debt collection services for any size commercial debts in the Netherlands. The firm has ample experience in collecting outstanding debts for our international client base and is committed to pursue debtors in the Netherlands quickly and efficiently to ensure a maximum return at a minimum cost.
CMR forum shopping
Article 31 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) provides a wide choice of jurisdictions in which legal proceedings might be commenced. This includes the courts of a country within whose territory the defendant is ordinarily resident or has his principal place of business, or the place where the goods were taken over by the carrier or the place designated for delivery.
Judicial sale of vessels
The Netherlands is a suitable jurisdiction to enforce claims against ships. The arrest of vessels is a broadly used manner to obtain payment or security for a long outstanding claim. It is not always that vessels are subsequently released. Especially where various parties arrest a vessel there is always a risk that the vessel will not leave port in the same ownership. With a certain frequency seagoing vessels are sold before the Dutch Courts through a judicial sale by public auction.
