Acting for Rabobank on the collection of a receivable, pledged in its favour. In court proceeding 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 against the objection in first instance and in appeal.
Acting 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 Enterpise Chamber.
Acting for the former directors of a natural resources conglomerate, headquartered in the Netherlands, as defence counsel in directors’ liability litigation.
Acting for the owner in the acquisition of a private yacht.
Acting for BB Capital, a Dutch private equity firm in its dispute with a trustee in bankruptcy of De Combi Group, in proceedings before the Rotterdam court, after submission of several procedural injunctions.
Acting for a Dutch premier league soccer club in relation to (arbitration about) a transfer payment.
Acting as legal counsel of a Japanese listed company (net sales of approx. € 1.9 billion) in order to avoid the requested reopening of the liquidation of one of its Dutch subsidiaries.
Acting for one of the founding shareholders of a sport clothing brand in order to protect its minority stake.
Acting for an Israeli financial institution on the refinancing of a credit facility in the Netherlands.
Acting for the litigation funder of a collective action in the automotive industry.
Defending Baars Beheer, an offshore and industrial company active in construction, lease and sale of containerpontoons and splithopper barges based in Sliedrecht, in a dispute before the Enterprise Chamber. All charges were denied and the company’s counterpetition to intervene in the supervisory board has been awarded.
Assisting 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.
Assisting a multi-billion African investment bank in recovering outstanding bond- and note claims exceeding EUR 200.000.000,-.
Defending Telor International Limited, the majority shareholder in Echo Pharmaceuticals B.V., active in production and development of cannabinoids in the therapeutic area, in a shareholders dispute before the Enterprise Chamber. All charges were denied. Furthermore, the Enterprise Chamber held that there are sufficient grounds to question the conduct of the petitioning shareholder, which would merit an investigation into this conduct, as we had argued on behalf of Telor. However, the Court does not open such an investigation in Echo’s interest. For the Court's decision from 23 February 2018 click here.
Representing the CRO before the Enterprise Chamber in a corporate dispute around the restructuring of VADA, a metal recycling business. All charges denied. For the Court decision click here.
Advising the board of directors of Home Center International B.V., parent company of a group of home improvement supplies (DYI) retailing companies, with a dominant market position in Israel. We assisted the board on the company's dealings with the group's lenders and supported certain proceedings before the District Court of Tel Aviv.
Acting 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
Defending a leading Dutch pipeline inspection company against a disclosure of evidence claim in interim relief proceedings before the District Court of The Hague, being the sole first-instance court in patent cases in The Netherlands. The Dutch defendant was the proprietor of the source code that allegedly infringed claimant’s US patent. All claims were denied. ECLI:NL:RBDHA:2016:11387
Counsel for the municipality of Eindhoven in the procedure before the European Commission and the European Court of Justice on presumed state aid to PSV, one of the largest football clubs in the Netherlands. Successful negotiations with the European Commission resulted in the Commission’s finding that the transactions between the city of Eindhoven and PSV were market conforming and did not constitute state aid.
Acting for Erasmus Medisch Centrum in the structuring of one of its private initiatives.
Defending Orange Financial Lease against the tradename infringement claims of claimant Financial Lease Nederland.
Acting as counsel before the European Court of Justice in case C-379/14: preliminary question whether a trademark proprietor can oppose the import of its trademark products and placing of these goods under a suspension regime on excise duties.
ECJ 16 July 2015, case C-379/14, Top Logistics/Bacardi, ECLI:EU:C:2015:497
First instance court litigation concerning an alleged copyright infringement on behalf of Dutch defendant Mei Sum Food against Maxim’s Caterer Ltd. of Hong Kong. Infringement claims, access to seized documents claims and ancillary claims were denied.
Representing 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 has ruled in favour of Nationale-Nederlanden on 29 April 2015.
Representing a Dutch party organization in its injunction order against defendant’s use of the tradename, domain name and Facebook page for “S’Oranje” in relation to King’s Day festivities under that name (ECLI:NL:RBROT:2015:2166).
Representing a certification institute in a defamation matter against a press medium. Defendant was ordered to immediately cease and desist from publishing news articles about claimant and was ordered to remove and correct the disputed blogs on its website.
Litigation before the interim judge of the Dutch EU trademark court concerning the seizure of infringing goods in the sense of the Anti Piracy Regulation. Representing the defendant and the claim to have the seizure lifted was denied.
Acted for the insured contractor in relation to the clean-up of a large oil spill.
Acted for Attero, the largest Dutch recycling and disposal company in Holland, in some commercial and insolvency related dealings with subcontractors and a joint venture partner.
Representing a Dutch manufacturer of leisure boats in appeal court litigation about copyright infringement of the designs of a competitor. In first instance and appeal the claims were denied.
Assisted a Dutch credit insurer in structuring the reinsurance of some of its risks.
Acting for Dutch Railways in the execution of its divestment in Syntus.
ECJ 2 July 2009, case C-343/07, Bavaria/Bayerischer Brauerbund, ECR (2009) p. I-5491
- legality of geographic indication "Bayerisches Bier"
- illegality of Regulation 2081/92 and Regulation 1347/2001
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)
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