Banning Cassations
2025
2024
- 14 June
Law of persons and family law; legal separation; has reconciliation taken place? (Art. 1:176 BW (old)). - 21 June
Bankruptcy law. Procedural law. Art. 67 Fw. Art. 104 Fw. Is the bankrupt admissible in his appeal against approval granted by r-c to trustee to conclude settlement agreement? - 20 December
Litigation. Penalty payments. Statute of limitations. Interruption. Art. 611g paragraph 1 Rv. Art. 3:324 paragraph 1 DCC. Does enforcement dispute brought by penalty debtor interrupt limitation period of art. 611g subsection 1 Rv?
- Feb 3
Relationship property law. Cohabitation without marriage, registered partnership or cohabitation contract. Entitlement to savings balance in joint bank account. Motivation complaints. - 31 March
Incidental application to intervene or join (art. 217 Rv) or to be admitted as interested party in cassation proceedings on limitation of liability and forms of fund. Applicability Article 7(4) 1992 Fund Convention or common civil procedure law? - 26 May
Prejudicial questions (art. 392 Rv.). Possibility of retrospective payment when purchasing from online shop. Questions on claims pursuant to retrospective payment service and (ex officio) assessment thereof by court in light of Section 1 of Title 7:2A BW and Consumer Credit Directive (Directive 2008/48/EC). Supreme Court gives parties an opportunity to comment on questions to be submitted to CJEU for a preliminary ruling and on questions to be raised regarding default interest and extrajudicial collection costs and concept of 'total cost of credit to the consumer'. - June 23
Housing rental. Nuisance. Dissolution of lease. Duty to propose and bewise. - 30 June
Supreme Court raises questions of interpretation to European Court of Justice over Afterpay. - 25 August
Interpretation of settlement agreement providing that it should be interpreted 'solely grammatically'. - 17 November
Cohabitation based on affective relationship ('informal cohabitation'). Compensation rights. Misinterpretation of HR 21 April 2006, ECLI:NL:HR:2006:AU8938 and HR 10 May 2019, ECLI:NL:HR:2019:707? Statute of limitations. Incomprehensible explanation grievance over court's ruling on household expenses? - 24 November
Prejudicial questions (Art. 392 Rv). Art. 143 Rv. Directive 93/13/EEC. Should statutory time limit for opposition not apply if contested default judgment does not show whether court examined whether awarded claim is based on contract containing one or more unfair terms within the meaning of the Directive? - 24 November
Procesrecht. Section 80 (1) RO (cassation appeal of subdistrict court judgment). Unreasonable disregard of request for oral hearing (art. 87(8) Rv). - 22 December
Corporate Law. Improper performance of duties by former directors (Art. 2:9 DCC)? Meaning of discharge granted to board on occasion of approval of financial statements. Continued from HR 4 October 2019, ECLI:NL:HR:2019:1489.
2022
- 1 April
Litigation. Personal and family inheritance law. Non-timely service of application for divorce (art. 816 paragraph 1 Rv). Application inadmissible? Corresponding application Art 120-121 Rv. - 22 April
Property Law. Limitation of legal action for damages. Commencement of short limitation period. - 20 May
Tort law. Caribbean case. Money loan for completion of home. - 3 juni
Civil procedural law. Preliminary ruling. Art. 392 Rv. Prejudicial questions on rules in procedural rules of the courts on maximum size of pleadings on appeal. Is the court competent to set these limits and may such a limit be set in procedural rules? May procedural rules provide that if the maximum number of pages is exceeded, the pleading is refused? Does such refusal violate the right to be heard or the right of access to justice? Does the regulation provide sufficient legal protection? Seizure and enforcement law. - 24 June
Law of obligations. Housing tenancy law. Seizure of rent allowance.
- September 30
Litigation. Arbitration. Fraud by withholding documents. Destruction and revocation. - 14 October
Tort. Liability of judicial expert.
2021
- 8 January
Bankruptcy law. Tort law; tort trustee in capacity. - 29 January
Law of obligations. Rent law business premises. Landlord's liability for damage caused by defect in leased property (presence of asbestos); Section 7:208 DCC. - 19 February
Persons and Family Law. Partner maintenance obligation included in cohabitation agreement. - 5 March
Liability law. Commitment of municipalities to cooperate in relocation of ICT company's headquarters to new business park. Default? - 26 March
Insolvency law. Reasoned order for costs. Request in bankruptcy pursuant to art. 69 Fw to inspect time sheets of trustee. - June 1
Caribbean case (Curaçao). Law of evidence. Passing offer of proof on appeal. Counter evidence. - 12 november
Questions referred. Consumer Rights Directive. - 24 december
Prejudicial questions. Procedural law. - 24 december
Procedural law. Transport law.
2020
- 21 february
Law of obligations. Money loan agreement. Settlement. - 21 february
Employment law. Request for dissolution pursuant to Section 7:671b (1) of the Civil Code in conjunction with Section 7:669 (3) of the Civil Code. Request for dissolution granted by the subdistrict court. - 17 april
Law of persons and family law. Retroactive modification of spousal maintenance. - 17 april
Tort law. Employment accident of temporary worker for which hirer is liable. - 29 may
Employment law. Fair compensation; Art. 7:683(3) BW; requirements for justification. - 17 july
Employment law. Dissolution of employment contract between college and lecturer based on culpable conduct. - 16 oktober
Civil law. Directors' liability; Art 6:162 of the Civil Code. - 13 november
Liability law. Did trustees of bankrupt aluminium producer abuse term limitation exercise lien (Art 58 Fw)? - 4 december
Bankruptcy law. Time limit as referred to in Art 58 Fw; existence of the claim.
2019
- 5 april
Art. 1:160 BW. Termination of maintenance obligation; cohabitation with another as if married; when is cohabitation? - 12 april
Contract law. Procedural law. Formation of binding opinion agreement; requirement of unequivocal expression of waiver of right of access to public courts; Haviltex.
2018
- 13 april
Partner alimony. Did court step out of bounds by setting phase-out rules? - 4 mei
Partner alimony, severance of fates, final termination of alimony obligation within 12-year period (Art. 1:157 paragraph 4 DCC). - 29 juni
Dissolution of employment contract due to employee's unfitness to perform the stipulated work (Article 7:669(3)(d) BW).
2016
- 25 march
Matrimonial property law. Division of community of property after divorce. - 24 june
Matrimonial property law. Severance pay. Stemrecht-bv.
2015
- 23 January
Matrimonial property law, incomprehensible explanation grievances. - 7 April
Labour law. Employer liability; occupational disease (OPS/CTE). - 7 April
Limitation on claim for damages. - 1 May
Termination of employment contract by employee on term shorter than agreed. - 26 June
Authorisation receivership. Sale of a property. - 2 October
Admissibility of grievances against final judgments in partial judgment. - 30 October
Prejudicial decision, attachment and enforcement law.
2014
- February 21
Claim to set aside cohabitation agreements. - 28 March
Child custody decisions. International jurisdiction Dutch court
2013
- 9 August
Lease of business premises. Contractual exclusion of interim rent adjustment - 15 November
Alimony former spouses. Cohabitation within the meaning of Art. 1:160 DCC; requirements - 20 December
- Partner alimony. Changed circumstances?
- 20 December
Division of marital property after divorce. Measurement date for composition and size of community of property - 20 December
Settlement agreement between trustees and creditor - 20 December
Request creditor to extend time limit set by trustees; art. 58 Fw