2020
  • Apr
    2020
    ———

    Advised Van Dijk Beheer on a minority participation in Van Dijk Banket by O2 Capital.

    Corporate litigation
  • 2019
  • Jul
    2019
    ———

    Acting for one of our clients as claimant in arbitration proceedings before a NAI Tribunal, in respect of various claims under a shareholders agreement, amongst others founded on change of control clauses and non-compete arrangements.

    Corporate litigation Commercial contracts & litigation
  • Jan
    2019
    ———

    Successfully represented a wholesale international trade pharmaceutical products company as plaintiff in summary proceedings before the Appeal Court of Leeuwarden. The first instance decision was overruled by the Appeal Court on the basis that the executive bailiff had not acted within the boundaries of the interim judge’s leave and that the first instance interim judge had wrongly granted access to the seized information. Consequently, the Appeal Court ordered the defendants in appeal not to use any of its falsely gained information. The decision was published: ECLI:NL:GHARL:2019:293

    Corporate litigation IP & pharma
  • 2018
  • Dec
    2018
    ———

    Acted for one of the founders of a hotel group in a dispute with an investor on the enforcement of multi-million security rights in relation to the Benelux easyHotels in inquiry proceedings before the Enterprise Chamber.

    Corporate litigation
  • Dec
    2018
    ———

    Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.

    Corporate litigation
  • Nov
    2018
    ———

    Acted for the former directors of a natural resources conglomerate, headquartered in The Netherlands, as defence counsel in directors’ liability litigation.

    Corporate litigation
  • Sep
    2018
    ———

    Acted for BB Capital, a Dutch private equity firm, in its dispute with a trustee over the  bankruptcy of De Combi Group. Proceedings before the Rotterdam court after submission of several procedural injunctions.

    Restructuring & insolvency Corporate litigation
  • Aug
    2018
    ———

    Acted as legal counsel for a Japanese listed company (net sales of approx. €1.9 billion) in order to avoid the requested reopening of the liquidation process of one of its Dutch subsidiaries.

    Restructuring & insolvency Corporate litigation
  • Jun
    2018
    ———

    Acted for one of the founding shareholders of a sport clothing brand in order to protect its minority stake.

    Corporate / M&A Corporate litigation
  • Jun
    2018
    ———

    Acted for an Israeli financial institution on the refinancing of a credit facility in The Netherlands.

    Corporate litigation
  • May
    2018
    ———

    Acted for the litigation funding party of a collective action in the automotive industry.

    Corporate litigation
  • May
    2018
    ———

    Defended Baars Beheer, an offshore and industrial company, based in Sliedrecht, active in construction, lease and sale of container pontoons and Split Hopper barges. Dispute conducted before the Enterprise Chamber. All charges were refuted and the company’s counter petition to intervene in the supervisory board was accepted.

    Restructuring & insolvency Corporate litigation
  • May
    2018
    ———

    Acted for the litigation funding party of a collective action in the automotive industry.

    Corporate litigation Commercial contracts & litigation
  • Feb
    2018
    ———

    Assisted Parcel International, a Dutch provider of forwarding and logistic services, in negotiating and setting up various joint ventures with international postal and air traffic organisations.

    Corporate litigation
  • Jan
    2018
    ———

    Assisted a multi-billion African investment bank to recover outstanding bond and note claims in excess of €200m.

    Corporate litigation
  • Jan
    2018
    ———

    Assisted a multi-billion African investment bank to recover outstanding bond and note claims in excess of €200m.

    Corporate litigation Banking & finance
  • 2017
  • Nov
    2017
    ———

    Defended Telor International Limited, the majority shareholder in Echo Pharmaceuticals B.V., active in production and development of therapeutic  cannabinoids. In a shareholder dispute before the Enterprise Chamber, all charges were refuted. Furthermore, the Enterprise Chamber held that there were sufficient grounds to question the conduct of the petitioning shareholder, which would merit an investigation into this conduct, precisely as we had argued on behalf of Telor. However the Court did not open said investigation in Echo’s interest. For the Court's decision from 23 February 2018 click here.

    Corporate litigation
  • Sep
    2017
    ———

    Represented the CRO before the Enterprise Chamber in a corporate dispute over the restructuring of VADA, a metal recycling business. All charges were refuted. For the Court decision click here.

    Restructuring & insolvency Corporate litigation
  • Aug
    2017
    ———

    Advised the board of directors of Home Center International B.V., parent company of a group of home improvement (DIY) retailing companies, with a dominant market position in Israel. We assisted the board as to the company's dealings with the group's lenders and supported certain proceedings before the District Court of Tel Aviv.

    Corporate litigation
  • Feb
    2017
    ———

    Acted as co-counsel for a former owner/director of one of the largest Dutch flight training schools in defending his interests against the administrators of the training school in a successful business mediation.

    Restructuring & insolvency Corporate litigation
  • 2016
  • Nov
    2016
    ———

    Acted as counsel in case C-174/15 before the European Court of Justice (judgment 10 November 2016): preliminary questions on the interpretation of the European copyright directive. The questions concerned the remuneration to which authors and publishers are entitled in case of 'e-lending' of eBooks by Dutch libraries.

    ECJ 10 November 2016, case C-174/15, Vereniging Openbare bibliotheken / Pictoright
    Interpretation Directives 2006/115/EC and 2001/29/EC.
    e-lending and copyright.

    Corporate litigation
  • 2015
  • Dec
    2015
    ———

    Acted as defence counsel to one of the non-executive board members in the D&O settlement with the trustee of the listed and bankrupted small-cap Innoconcepts.

    Restructuring & insolvency Corporate litigation
  • Nov
    2015
    ———

    Acted for Erasmus Medisch Centrum in the structuring of one of its private initiatives.

    Corporate litigation
  • Aug
    2015
    ———

    Defended Orange Financial Lease against the trade name infringement claims of claimant Financial Lease Nederland.

    Corporate litigation
  • Apr
    2015
    ———

    Represented Nationale-Nederlanden before the European Court of Justice in case C-51/13) on the interpretation of EU directives on life insurance and pre-contractual information requirements. The EU Court ruled in favour of Nationale-Nederlanden on 29 April 2015.

    Corporate litigation
  • 2014
  • Oct
    2014
    ———

    Litigation before the interim judge of the Dutch EU trademark court concerning the seizure of infringing goods in relation to the Anti-Piracy Regulation. Represented  the defendant and the claim to have the seizure lifted was refuted.

    Corporate litigation IP & pharma
  • Jun
    2014
    ———

    Acted for the insured contractor in relation to the clean-up of a large oil spill.

    Corporate litigation
  • Feb
    2014
    ———

    Acted for Attero, the largest Dutch recycling and disposal company in Holland, in various commercial and insolvency related dealings with both subcontractors and a joint venture partner.

    Corporate litigation
  • 2013
  • Oct
    2013
    ———

    Represented a Dutch leisure boats’ manufacturer in appeal court litigation concerning copyright infringement of a competitor’s designs. In first instance and on appeal the claims were refuted.

    Corporate litigation IP & pharma
  • 2012
  • Dec
    2012
    ———

    Assisted a Dutch credit insurer in structuring the reinsurance of some of its risks.

    Corporate litigation
  • Aug
    2012
    ———

    Acted for Dutch Railways in the execution of its divestment in Syntus.

    Corporate litigation
  • 2009
  • Jul
    2009
    ———

    ECJ 2 July 2009, case C-343/07, Bavaria/Bayerischer Brauerbund, ECR (2009) p. I-5491
    Legality of geographical indication "Bayerisches Bier". I Illegality of Regulation 2081/92 and Regulation 1347/2001.

    Corporate litigation
  • 2000
  • Dec
    2000
    ———

    ECJ 14 December 2000, cases C-300/98 and C-392/98, Dior/Tuk and Assco/Layher, ECR(2000)p.I-11307
    Trade mark law
    Direct effect of TRIPS (WTO).

    Corporate litigation
  • Dec
    2000
    ———

    ECJ 14 December 2000, cases C-300/98 and C-392/98, Dior / Tuk and Assco / Layher, ECR (2000) p. I-11307 Trademark law.  Direct effect of TRIPS (WTO).

    Corporate litigation IP & pharma
  • 1999
  • Feb
    1999
    ———

    ECJ 23 February 1999, case C-63/97, BMW/Deenik, ECR (1999) p. I-905
    Free movement of goods and services. Trademark law.  Exhaustion of rights.

    Corporate litigation
  • Feb
    1999
    ———

    ECJ 23 February 1999, case C-63/97, BMW / Deenik, ECR (1999) p. I-905
    Free movement of goods and services.
    Trademark law. Exhaustion of rights.

    Corporate litigation IP & pharma EU, state aid & competition law