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NCC · Amsterdam · C/13/730389

This judgment concerns a motion raised by DiaMedica seeking permission from the Court to initiate indemnity proceedings against the bailiff in charge of the enforcement of an earlier judgment (pursuant to Article 210 Dutch Code of Civil Procedure, DCCP). DiaMedica objected to the short timetable (one week until the…

NCC · Amsterdam · NCC C/13/738325

NCC, acting as court in summary proceedings, orders a producer of certain mink vaccines to supply the Dutch umbrella organisation of mink breeders, acting as distributor to mink breeders throughout Europe, with a certain quantity of mink vaccines in anticipation of the next breeding campaign starting in January 2024.…

NCC · Amsterdam · C/13/737596

Order for a preparatory evidence hearing under Article 186 of the Dutch Code of Civil Procedure ------------------------------------------------------------------------------------------------------------------------------ Bevel voor een voorlopig getuigenverhoor ex artikel 186 Rv

NCC · Amsterdam · NCC 22/018

Claim for revindication of documents and data. Whereas the contractual relationship between the parties is governed by the laws of the State of New York, Dutch law governs the question whether a property right can be created on documents and data situated in the Netherlands. The Court finds that the claimant…

NCC · Amsterdam · NCC 22/016

Claimant as lender and defendant as borrower entered into a loan agreement. The term of the loan agreement was five years. The loan was used by defendant to acquire real estate. The parties also agreed on (i) fixed interest of 5% per year, (ii) variable interest of 30% of the net capital gain "prorent to the lent…

NCC · Amsterdam · NCC 22/016

Claimant as lender and defendant as borrower entered into a loan agreement. The term of the loan agreement was five years. The loan was used by defendant to acquire real estate. The parties also agreed on (i) fixed interest of 5% per year, (ii) variable interest of 30% of the net capital gain "prorent to the lent…

NCC · Amsterdam · NCC 23/005 (C/13/730710)

Applicant, Madison Pacific Trust Ltd (based in Hong Kong), seeks an order under article 3:251(1) Dutch Civil Code permitting the sale in a private transaction of pledged shares in Frigoinvest Holdings B.V. (the Company). The Company is the holding company of a group of Dutch and foreign subsidiaries (the Frigoglass…

NCC · Amsterdam · NCC 22/015

These are proceedings following earlier NCC judgments (ECLI:NL:RBAMS:2020:2406 and ECLI:NL:RBAMS:2021:2994). Since these judgments the claimant (McCourt Global Sports & Media LLC, based in the US) took further enforcement action against the defendants (residing in the Netherlands and Switzerland). It terminated the…

NCC · Amsterdam · NCC 21/004 (C/13/667529)

Claimant is a Turkish company that (inter alia) operates wind power plants. Defendant is a Dutch company that develops, manufactures and constructs wind turbines. Claimant has purchased two wind turbines from defendant for a power plant project in Türkiye. The dispute between the parties concerns the question whether…

NCC · Amsterdam · NCC 21/002 (C/13/697755)

Applicant, Glas Trust Corporation Ltd (based in the United Kingdom), seeks an order under article 3:251(1) Dutch Civil Code permitting the sale of pledged shares in AS Adventure BV (the Company, in the Netherlands known as parent of the “Bever” subsidiary) in a private transaction. The Amsterdam District Court (NCC…

NCC · Amsterdam · NCC 20/019 (C/13/687852)

Unilateral termination by defendant of a memorandum of understanding. Defendant suspends its obligation to repay an advance payment of USD 100,000 to claimant and refuses to reimburse claimant for costs incurred. Partial settlement of the dispute at the court hearing. No right of suspension. Claim for incurred costs…

NCC · Amsterdam · NCC 19/015 (C/13/676259)

Donee not regarded as a charity for UK tax purposes. UK tax reliefs not applicable. Donation agreements annulled pursuant to Article 6:228 (1)(c) DCC for mutual mistake. Begiftigde stichting (ANBI) is geen liefdadigheidsinstelling volgens de Engelse belastingdienst. Fiscale aftrek voor liefdadigheidsinstellingen niet…

NCC · Amsterdam · NCC 20/016 (C/13/683640)

The rescue of shipbuilder IHC involves the transfer of the shares in IHC Merwede to Stichting Continuïteit IHC. The shares are pledged to Glas Trust Corporation Limited as security agent for the lenders. It is not disputed that IHC Merwede is in payment default under the Facilities Agreements, that its parent IHC B.V.…

NCC · Amsterdam · NCC 20/014 (C/13/681900)Aangehaald in 6 uitspraken

This case is about the two issues discussed below. 1. Whether or not the parties (domiciled in New York and Amsterdam) entered into a EUR 169 million transaction. Dutch law requires offer and acceptance for contract formation, and allows the parties broad leeway as to how they communicate what may or may not be…

NCC · Amsterdam · NCC 19/012 (C/13/667529)

This case is about the scope of the release and full discharge provision in a Settlement Agreement governed by English law between claimant (Subsea Survey Solutions, a Russia-based company) and defendant (South Stream, based in Amsterdam). Subsea initiated proceedings before the NCC District Court, claiming payment by…

NCC · Amsterdam · NCC 19/013 (C/13/668333)

These summary proceedings concern the alleged “poaching” of IT personnel. In December 2017 Symphony and OpenBet entered into an agreement (the Master Services Agreement) pursuant to which Symphony is to provide certain services – software development and personnel – to OpenBet in Poland. OpenBet claimed it terminated…

NCC · Amsterdam · NCC 19/003 (C/13/661952)

Applicant (Elavon, an Ireland-based company) seeks an order under article 3:251(1) Dutch Civil Code permitting the sale of pledged shares in a private transaction (a debt-for-equity swap) instead of a public auction. These shares (in IPS. B.V., the Company) were pledged by IPS Holding (the Company’s sole shareholder)…