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NCC · Amsterdam · C/13/786071

Applicant, Madryn Fund Administration, LLC (based in the United States of America), seeks an order under article 3:251(1) Dutch Civil Code permitting the sale in a private transaction of pledged shares in BioQ Pharma B.V. (the Company, seated in the Netherlands, but based in the USA). The Company is a part of the BioQ…

NCC · Amsterdam · C/13/747331

Final judgment in case Welten Group vs One Two Work. For the interim judgment see ECLI:NL:RBAMS:2025:1453. The Court denies Seller’s request to reverse decisions made in the interim judgment. It is not convinced that the decisions in the Interim Judgment were based on an unsound foundation. The Court determines the…

NCC · Amsterdam · NCC C/13/771959

Judgment on a motion to include third parties based on article 118 Dutch Code of Civil Procedure. Defendant in the motion (BBP) is owned by Mr X and Mr Y (together: “the Founders”), each through their respective holding companies. Claimant in the motion (CJ) wishes to pursue a claim against the Founders on the same or…

NCC · Amsterdam · C/13/773734

Corporate law. The Dutch claimant (Batavia Biopharma BV, BBP) and the Korean defendant (CJ Cheiljedang Corporation, CJ) are the shareholders of biopharmaceutical company Batavia Biosciences BV (co-defendant, the Company), which is also domiciled in the Netherlands. In these proceedings, BBP claims that is entitled…

NCC · Amsterdam · C/13/775809

US-based company Graybella made a financing commitment to Dutch company Sensius B.V. but has failed to fulfil it. As Graybella neither appeared at the hearing nor raised a defence, Sensius asks for default judgment and to award its claim of € 1,000,000, in summary proceedings. The preliminary judge ruled that she was…

NCC · Amsterdam · C/13/766188

No breach of contractual obligations in a settlement agreement. The parties are investors involved in the development of a high-tech datacenter in the Netherlands. The parties concluded a settlement agreement, wherein it was agreed that the project would be sold and plaintiff would be entitled to some of the surplus…

NCC · Amsterdam · C/13/747331

Intervening party is allowed to introduce a subrogation claim, even after the statement of defence in the main proceedings has been submitted. This is not contrary to Articles 218 and 219 DCCP and does not violate due process. The defendant will have sufficient time to respond to the subrogation claim. And it is in…

NCC · Amsterdam · C/13/768479

Applicant, Kroll Trustee Services Ltd (based in the United Kingdom), seeks an order under article 3:251(1) Dutch Civil Code permitting the sale in a private transaction of pledged shares in Selecta Group B.V. (the Company, based in the Netherlands). The Company is a part of the Selecta Group (the Group) which is…

NCC · Amsterdam · C/13/765335

Warando claims payment of interest from Benelux Wonen under a loan agreement. The Netherlands Commercial Court of Appeal (“NCCA”) rendered a judgment in a similar dispute about a loan agreement between Benelux Wonen and Ilka, an affiliate of Warando. Warando argues that it agreed with Benelux Wonen that the outcome of…

NCC · Amsterdam · C/13/764975

Summary proceedings. Construction of a share purchase agreement (SPA) under Dutch law. Decisive weight is given to the most obvious text-based meaning of the provisions of the SPA: • the conditions precedent (Clause 4.1) have been fulfilled. The purpose of including conditions precedent in a share purchase agreement…

NCC · Amsterdam · C/13/758113

Motion for disclosure of documents. Share certificates. The company redomiciled and restructured, and the foundation rescinded share certificates (previously issued to Claimants 2-7) because of compliance concerns (which do not apply to Claimant 8 because he resides in a different jurisdiction). In the main…

NCC · Amsterdam · NCC C/13/762596

Claimant’s claim is for €310,704.03 under a settlement agreement and addendum. Defendant’s defence is a set-off against two alleged counterclaims, to which Claimant responds that such counterclaims were discharged under the settlement agreement and addendum. The Court partly agrees with Defendant’s set-off argument,…

NCC · Amsterdam · NCC C/13/736825

Two agreements were concluded between (amongst others) Claimant and Defendant. Under these agreements, Defendant was to sell and deliver mink vaccines to Claimant. Claimant asserts that Defendant failed to fulfill its obligations under these agreements and claims damages from Defendant. Defendant raises various…

NCC · Amsterdam · C/13/754853/NC ZA 24/4

Dispute pursuant to an agreement concerning the construction of a passenger cruise vessel. The agreement stipulates that the minimum draft of the vessel should be 1.45 metres. After the delivery of the vessel by defendant (a Dutch shipyard) to claimant (an Austrian company), claimant found out that the minimum draft…

NCC · Amsterdam · C/13/747331

Liability for fraud and breaches of warranties in an M&A transaction. The Target’s CFO improperly approved certain cost deferrals and a provision for holiday accruals, intending to conceal the Target’s lower profitability in 2022 (the year preceding Completion). These actions are attributable to the Seller under…

NCC · Amsterdam · C/13/762596 / NC ZA 25-1

Summary proceedings. Interim judgment. Defendants invoke the lack of jurisdiction of the NCC. The court in summary proceedings dismisses this argument and rules that the NCC has jurisdiction to hear the case.…

NCC · Amsterdam · NCC C/13/761263

Applicant, RS Lender V S.A. R.L. (based in Luxemburg), seeks an order under article 3:251(1) Dutch Civil Code permitting the sale in a private transaction of pledged shares in FundGB Borrower B.V. and Unbrick Concepts B.V. (the Companies). The holding companies of the Companies granted a right of pledge over all the…

NCC · Amsterdam · C/13/753927

In this case applicant requested the Court to grant leave for a third-party attachment against the debtor. The Court finds that an attachment order against a debtor based in another EU member state can be based on Dutch national law. This is not pre-empted by the EAPO Regulation, since Article 1(2) of this Regulation…

NCC · Amsterdam · C/13/747331

Motion for disclosure of documents. In 2022, Welten Group B.V. (the Purchaser) entered into a share purchase agreement (the SPA) with One Two Work B.V. (the Seller) for the sale and purchase of the shares in Welten Holding B.V. (the Group). The transaction was completed in 2023. The Seller (defendant in these NCC…

NCC · Amsterdam · C/13/745174

Summary proceedings. Dispute pursuant to Share Purchase Agreement between the claimants (sellers) and the defendant (purchaser). The defendant alleges it has a (Tax) Claim under the SPA. Shortly before the end of the release term, the defendant filed an ‘Escrow Claim Notice’. The claim made by the defendant relates to…