Netherlands Court Cooks Up Healthy Solution to Chef Martin’s Problems

A recent court decision in the Netherlands under the so-called inquiry procedure may give food for thought to other countries and induce them to introduce a similar procedure. This is of great value to small/medium-sized companies that are at standstill.

Iris Wuisman and Cees de Groot • May 21, 2012

Desperately searching for growth

The European Commission has published a proposal for an optional Common European Sales Law (CESL) which it says is aimed at boosting trade and expanding consumer choice. Will the CESL meet these goals?

Jeroen van der Weide and Pieter De Tavernier • May 14, 2012

Is Switzerland opening up for cross-border insolvency?

Traditionally, Switzerland protects itself against the effects of non-Swiss insolvency proceedings. In a recent case regarding Van der Moolen Effecten Specialist B.V, the Swiss Financial Market Supervisory Authority took a different view.

Bob Wessels • May 07, 2012

Dear prospective director, are you suitable for the job?

New regulation, which introduces a suitability assessment for executive and supervisory directors of financial institutions, will take effect from 1 July. This replaces the current policy rule on expertise knowledge. A potato – potahto replacement or more?

Tom Dijkhuizen • April 22, 2012

Foreign cases, competent courts

Libyan civil servants were involved in torturing a Palestinian doctor in Libya. They were held liable by a Dutch court. A European company was allegedly involved in human rights abuses in Nigeria. Is an American court competent to assess its liability?

Alex Geert Castermans • April 16, 2012 • 2 comments

Fortis: banks, fiduciary duties and the general interest

The Enterprise Chamber of the Amsterdam Court of Appeal has made some interesting general statements about the fiduciary duties of the executive and supervisory boards of banks in the VEB/Ageas case. These statements will be addressed and evaluated.

Tom Dijkhuizen • April 13, 2012

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