Banning Cassations
2024
- Feb. 2,
Personal and family inheritance law. Matrimonial property law (Art. 1:115 Civil Code); settlement in divorce. Modifications of prenuptial agreement during marriage to the detriment of the wife. Duty of care on the part of the notary (art. 43 section 1 Wna); specific duty to warn and inform in case of adverse or risky consequences. Given involvement of notaries in amendments, did the husband have justified reliance on the wife's will being consistent with her declaration (art. 3:33 and 3:35 DCC)? - February 2
Personal and family inheritance law. Recognition by duo-mother (Art. 1:198, opening words and under c, BW; Art. 1:204 (1) BW; Art. 1:204 (4) BW). Request for substitute consent to recognize child. Did the applicant, as the mother's life partner, consent to act that may have resulted in conception? - 8 March
Personal and family inheritance law. Partner alimony. Income-related Zvw contribution. - March 8.
Matrimonial property law. Prenuptial agreements. Arrangement of household expenses and periodic settlement clause. - March 8,
Settlement of non-executed periodic settlement clause (Article 1:141 paragraph 1 Dutch Civil Code). Should the Court of Appeal disregard any claim pursuant to the regulation on household expenses on the grounds that this claim and the corresponding debt will cancel each other out upon settlement pursuant to Art. 1:141 DCC? - 14 June
Law of persons and family law; legal separation; has reconciliation taken place? (art. 1:176 BW (old)). - June 21,
Bankruptcy law. Procedural law. Art. 67 Fw. Art. 104 Fw. Is the bankrupt admissible in his appeal against approval granted by the r-c to trustee to conclude settlement agreement?
2023
- 3 February
Relationship property law. Cohabitation without marriage, registered partnership or cohabitation contract. Entitlement to savings balance in joint bank account. Motivation complaints. - March 31
Incidental application for intervention or joinder (art. 217 Rv) or to be admitted as interested party in cassation proceedings on limitation of liability and forms of fund. Applicability Art. 7(4) 1992 Fund Convention or common civil procedure law? - 26 May
Prejudicial questions (art. 392 Rv.). Possibility of retrospective payment for purchase in web store. Questions about 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 express their views on preliminary questions to CJEU 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 rental agreement. Liability and burden of proof. - June 30.
Supreme Court puts questions of explanation to European Court of Justice about Afterpay. - August 25
Interpretation of settlement agreement providing that it is to be interpreted 'solely grammatically'. - Nov. 17,
Cohabitation based on affective relationship ('informal cohabitation'). Compensation rights. Incorrect interpretation of HR April 21, 2006, ECLI:NL:HR:2006:AU8938 and HR May 10, 2019, ECLI:NL:HR:2019:707? Statute of limitations. Incomprehensible explanation of grievance over court's ruling on household expenses? - November 24
Prejudicial questions (art. 932 Rv). Art. 143 Rv. Directive 93/13/EEC. Should statutory time limit for opposition not apply if the contested default judgment does not show whether the court has examined whether the awarded claim is based on a contract containing one or more unfair terms within the meaning of the Directive? - November 24
Procedural law. Art. 80 (1) RO (cassation appeal of subdistrict court judgment). Unreasonable disregard of request for oral hearing (art. 87 (8) Rv). - 22 December
Art. 81 subsection 1 RO. Corporate law. Improper performance of duties by former directors (Art. 2:9 DCC)? Meaning of discharge granted to management board on occasion of approval of financial statements. Continued from HR October 4, 2019, ECLI:NL:HR:2019:1489.
2022
- 1 April
Procedural law. Personal and family inheritance law. Non-timely service of petition for divorce (art. 816 para. 1 Rv). Application inadmissible? Corresponding application art. 120-121 Rv. - April 22
Property law. Prescription of legal action for compensation of damage. Commencement of short limitation period. - 20 May
Law of obligations. Caribbean case. Money loan for completion of home. - June 3
Civil procedural law. Prejudicial decision. Art. 392 Rv. Prejudicial questions on rules in procedural rules of courts on maximum size of pleadings on appeal. Does the court have the power to set these limits and may such a limitation be set in procedural rules? May rules of procedure provide that if the maximum number of pages is exceeded, the pleading will be 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 foreclosure law. - June 24
Contract law. Housing tenancy law. Seizure of rent allowance. - September 30
Procedural law. Arbitration. Fraud by withholding documents. Annulment and revocation. - October 14.
Tort. Liability of court expert.
2021
- January 8
Bankruptcy law. Tort law; tort trustee in capacity. - January 29
Law of obligations. Rent law business premises. Landlord's liability for damage caused by defect in leased property (presence of asbestos); art. 7:208 DCC. - February 19
Law of persons and family law. Partner alimony obligation included in cohabitation agreement. - March 5.
Liability law. Effort obligation of municipalities to cooperate in relocation of headquarters of ICT company to new business park. Default? - March 26
Insolvency law. Reasoned order to pay costs. Bankruptcy petition under article 69 Fw for inspection of time sheets of trustee. - 11 June
Caribbean case (Curaçao). Law of evidence. Passing offer of proof on appeal. Counter evidence. - November 12.
Prejudicial questions. Consumer rights directive. - December 24
Prejudicial questions. Procedural law. - December 24
Procedural law. Transportation law.
2020
- February 21
Contract Law. Money loan agreement. Set-off. - Feb. 21
Employment law. Request for dissolution pursuant to Article 7:671b (1) BW in conjunction with Article 7:669 (3) BW. Request for dissolution granted by the subdistrict court. - 17 April
Persons and Family Law. Amendment of spousal maintenance with retroactive effect. - April 17.
Law of obligations. Employment accident of temporary worker for which hirer is liable. - May 29
Labor law. Fair compensation; art. 7:683 paragraph 3 BW; requirements to be set on motivation. - 17 July
Labor law. Dissolution of employment contract between college and lecturer based on culpable action. - 16 October
Civil law. Directors liability; art. 6:162 BW. - November 13
Liability law. Did trustees of bankrupt aluminum producer abuse term limitation exercise lien (art. 58 Fw)? - 4 December
Bankruptcy law. Term limitation referred to in Art. 58 Fw; existence of claim.
2019
- February 22,
Matrimonial property law. Division of matrimonial community of property. - 5 April
Art. 1:160 BW. Termination of maintenance obligation; cohabitation with another as if married; when does cohabitation exist? - April 12
Procedural law. Verdict - by plural chamber after single trial.
Procedural law. Ruling by plural chamber after single trial- .
Trial Law. Ruling by plural chamber after single trial- .
Law of obligations. Procedural law. Formation of contract of binding opinion; requirement of unequivocal expression of waiver of right of access to government court; Haviltex.- June 28,
Civil Law. Can and should the bailiff deliver a writ to a letter address listed in the Basic Registration of Persons (BRP) instead of serving it publicly under Section 54 Rv? - September 20
Procedural law. Counsel to court defunded between date of awarding (also date of pleading) and date of judgment stated in interlocutory judgment. - October 4,
Property law. Statute of limitations. (Indirect) director of BV provides money loan on behalf of BV to other BV without stipulating security. October - 4,
Bankruptcy law. Dispute between bankruptcy trustees and pledgees about setting the term as referred to in article 58 Fw. October - 11
Procedural law. Incident for security for legal costs in article 69 Fw-proceedings in cassation. - November 1
Prejudicial questions (art. 392 Rv). Law of persons and family inheritance. Child maintenance. - November 8
Preliminary questions on enforcement of arbitral awards in consumer cases. November - 15
Procedural law. Incident for joinder in cassation, art. 217 Rv. - November 22
Procedural law - .
- Order to cooperate in sale and delivery of home, with provision that judgment may supersede deed.
- 29
Employment law. Transfer of business. - December 13
Agreement Explanation.
2018
- Feb. 16
Procedural law. Art. 281 Rv. - Feb. 23
Matrimonial property law. - March 9.
Child and spousal support. - April 13.
Partner alimony. Did court step out of bounds by setting phase-out rules? - May 4
Partner alimony, breach of destiny, final termination of alimony obligation within 12-year period (Art. 1:157 paragraph 4 BW). - 18 May
Reimbursement of litigation costs paid on the basis of a later annulled decision. - June 29
Dissolution of employment contract due to employee's unfitness to perform the stipulated work (Art. 7:669 (3) (d) BW). - October 19
Liability of employer for work-related traffic accident (Art. 7:611 BW). Binding court in damages proceedings (art. 612 Rv) to basis for liability established in main proceedings. - November 30
Bankruptcy law. Dispute between trustees and pledgees about term limits as referred to in Art. 58 Fw.
2017
- March 31
Procedural law, exceeding appeal deadline. - April 21
Interpretation of contract, absorption of earlier contract into later contract. Recognition of claim; performance by third party; imputation to debtor. - October 6.
Rent law. Caribbean case. - December 15.
Is notice of default required or has default commenced by expiration of term or by notification of debtor (Curacao Civil Code art. 6:83(a) and (c))? - December 22
Unlawful government act. Refusal of dismissal permit by UWV after insufficient investigation. Unlawfulness. Relativity. Reference to statement of damages.
2016
- January 15
Explanation of will. - February 8
Child support budget when determining child support; letter from Minister Asscher. - March 18
Devolutive effect of appeal? Surprise decision? - March 25
Matrimonial property law. Division of community of property after divorce. - March 29
Art. 23 and 24 Rv. - May 20
Extent of legal dispute after cassation (art. 424 Rv.) and referral. Duty to plead. Maintenance. - June 24
Matrimonial property law. Severance pay. Master limited liability company. - July 8
Art. 23 and 24 Rv. Matrimonial property law. Exclusion of community and settlement clause. - November 25
Compensation of extrajudicial collection costs.
2015
- January 23
Matrimonial property law, incomprehensible interpretation of grievances. - March 27
Purchase of insurance portfolio. Employment contract. Suspension of relation clause and non-compete clause. Periodic penalty and fine. Determination of injunction. - April 7
Labor law. Employer liability; occupational disease (OPS/CTE). - April 7.
Statute of limitations on claim for damages. - May 1.
Employee's termination of employment contract on term shorter than agreed. - June 26
Authorization for receivership. Sale of a property. - July 10
Is for application Art. 1:141 (1) and Art. 1:136 (1) of the Civil Code relevant from whom the over-saved (not settled) income originates and in whose property it was invested? - 10 July
Supreme Court answers preliminary question: do extrajudicial collection costs fall under the term 'costs' (Art. 6:44 (1) BW). - October 2
Admissibility of grievances against final judgments in partial judgment. - 9 October
Child budget not deducted from costs of child. - October 30
Preliminary ruling, attachment and enforcement law. - November 27
Mistake tenant business premises. - December 11
Maintenance obligation commenced on date before registration of divorce decree. - December 11
Alien labor law. - December 18
Appeal to Art.6:284(2) BW and res judicata.
BANNING cassation in 2015 Supreme Court annual report.
2014
- Feb. 21
Action to set aside cohabitation agreements. - March 28
Juvenile custody decisions. International jurisdiction of Dutch court. - June 13
Prejudicial question; art. 392 Rv. Compensation for extrajudicial collection costs. - September 19
Limits dispute cassation and referral
BANNING cassation in Supreme Court annual report 2014
2013
- August 9
Lease of business premises. Contractual exclusion of interim rent adjustment - September 30
Preliminary ruling, art. 392 Rv. Evidence seizure. - November 15
Alimony former spouses. Cohabitation within the meaning of Art. 1:160 BW; requirements. - 20 December
- Partner alimony. Changed circumstances?
- December 20.
Division of marital property after divorce. Measurement date for composition and size of community - December 20
Settlement agreement between receivers and creditor - December 20
Request creditor to extend term set by trustees; art. 58 Fw
BANNING cassation in 2013 Supreme Court annual report