Successes at the Supreme Court
Recent successfully filed cassation appeals
2024
HR 8 March 2024, ECLI:NL:HR:2024:330 Partner alimony. Income-related Zvw contribution.
HR March 8, 2024, ECLI:NL:HR:2024:338
Marital settlement. Arrangement of household costs and periodic settlement clause. Settlement not executed periodic settlement clause (Art. 1:141 (1) DCC). 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 cancel each other out upon settlement pursuant to Art. 1:141 DCC?
2023
HR November 24, 2023, ECLI:NL:HR:2023:1623Art. 80 (1) RO (cassation appeal of subdistrict court judgment). Unreasonable disregard of request for oral hearing (art. 87 (8) Rv).
HR 17 November 2023, ECLI:NL:HR:2023:1571
Cohabitation on the basis of affective relationship ('informal cohabitation'). Compensation rights. Misinterpretation 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?
HR Feb. 3, 2023, ECLI:NL:HR:2023:142
Relationship property law. Cohabitation without marriage, registered partnership or cohabitation contract. Entitlement to savings balance in joint bank account. Motivation complaints.
2022
HR 24 June 2022, ECLI:NL:HR:2022:931Commitment Law. Seizure of rent allowance. Housing rental law.
HR 22 April 20 22, ECLI:NL:HR:2022:627
Property law. Prescription of legal action for compensation of damage. Commencement of short limitation period.
HR 1 April 2022, ECLI:NL:HR:2022:481
Procedural law. Personal and family inheritance law. Non-timely service of request for divorce (art. 816 paragraph 1 Rv). Application inadmissible? Corresponding application articles 120-121 Rv.
2021
HR 29 January 2021, ECLI:NL:HR:2021:153Lease of business premises. Landlord's liability for asbestos. Reliance on exemption clause unacceptable by standards of reasonableness and fairness?
2020
HR 13 November 2020, ECLI:NL:HR:2020:1787Bankruptcy. Liability of trustees in connection with delayed exercise of lien Art. 58 Fw. Causal connection. Starting date of statutory interest.
HR 17 July 2020, ECLI:NL:HR:2020:1307
Dissolution of employment contract. No transition compensation due to serious culpability of employee?
HR 17 April 2020, ECLI:NL:HR:2020:748
Effective date of modification of spousal maintenance. Caution in case of retroactive modification.
2019
HR April 12, 2019, ECLI:NL:HR:2019:571
Comparition before commissioner of counsel, while final judgment was rendered by plurality chamber. No waiver of right to clarify contentions at appearance before plurality chamber that would decide.
HR 12 April 2019, ECLI:NL:HR:2019:569
Comparition before commissioner of counsel, while final judgment was rendered by plurality chamber. No waiver of right to expound contentions at appearance before plurality chamber that would decide.
HR 12 April 2019, ECLI:NL:HR:2019:567
Comparition before commissioner of counsel, while final judgment was rendered by plurality chamber. No waiver of right to clarify contentions at appearance before plurality chamber that would decide.
HR February 22, 2019, ECLI:NL:HR:2019:273
Division of matrimonial community of property. Attachment of entitlement to severance pay insofar as it serves to replace income after dissolution of matrimonial community of property.
Recent successful defenses in cassation
HR 21 June 2024, ECLI:NL:HR:2024:915Art. 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?
HR 14 June 2024, ECLI:NL:HR:2024:883
Law of persons and family law; legal separation; has reconciliation taken place? (Art. 1:176 BW (old)).
HR 22 December 2023, ECLI:NL:HR:2023:1796
Art. 81 (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:2019:1486.
HR June 23, 2023, ECLI:NL:HR:2023:951
Rental housing. Nuisance. Dissolution of rental agreement. Duty to suppose and burden of proof.
HR 31 March 2023, ECLI:NL:HR:2023:489
Incidental application to intervene or join (art. 217 Rv) or to be admitted as interested party in cassation proceedings about limitation of liability and forms of fund. Applicability Art. 7(4) 1992 Fund Convention or common civil procedural law?
HR 30 September 2022, ECLI:NL:HR:2022:1332
Procesrecht. Arbitration. Fraud by withholding documents. Annulment and revocation.
HR 20 May 2022, ECLI:NL:HR:2022:731
Money loan for completion of home. Determination of amount of outstanding debt. Recovery of entire outstanding debt by bank unacceptable according to standards of reasonableness and fairness?
HR 24 December 2021, ECLI:NL:HR:2021:1967
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 Art. 7(4) 1992 Fund Convention or common civil procedural law?
HR 26 March 2021, ECLI:NL:HR:2021:462
Insolvency Law. Reasoned order for costs. Bankruptcy petition under Art. 69 Fw for inspection of time sheets of trustee.
HR 19 February 2021, ECLI:NL:HR:2021:275
Partner alimony obligation in cohabitation agreement. Settlement agreement on spousal maintenance. Can modification be requested under Art. 1:401 BW?
HR 4 December 2020, ECLI:NL:HR:2020:1950
Bankruptcy law. Term limitation article 58 Fw.
HR 16 October 2020, ECLI:NL:HR:2020:1635
Director's liability under Art. 6:162 BW. Frustration payment and recovery. Personal serious fault.
HR February 21, 2020, ECLI:NL:HR:2020:284
Dissolution of employment contract. Assessment of dissolution request based on facts at the time of request (ex tunc) or at the time of appeal hearing (ex nunc)?
HR February 21, 2020, ECLI:NL:HR:2020:308
Money loan agreement. Set-off.
HR November 22, 2019, ECLI:NL:HR:2019:1840
Order to cooperate in sale and delivery of home, providing that judgment may take the place of deed. Appeal inadmissible because appeal not timely entered in remedies register? Art. 3:300 paragraph 2 and 3:301 paragraph 2 BW. Interpretation of condemnatory judgment.
Recent preliminary questions
HR 24 November 2023, ECLI:NL:HR:2023:1627
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?
HR 26 May 2023, ECLI:NL:HR:2023:778
Possibility to pay afterwards when purchasing from online store. Questions about claims arising from 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 opportunity to comment 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 for the consumer'.
HR 3 June 2022, ECLI:NL:PHR:2021:1228
Prejudicial questions on rules in trial court rules on maximum size of pleadings on appeal. Is the court empowered to set these limits and may such a limitation be set in trial 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 enforcement law.
HR 12 November 2021, ECLI:NL:HR:2021:1677
In the case of a contract concluded at a distance or outside the sales area, must the court examine ex officio whether the information duties of Art. 6:230m and 6:230v of the Civil Code have been fulfilled? Sanctions to be attached ex officio to violation of those information duties. Does total or partial nullification qualify as a sanction? Requirements to be imposed in this respect on the plaintiff's duty to present evidence. Should Art. 6:230u BW be applied ex officio?
HR 8 November 2019, ECLI:NL:HR:2019:1731
Consumer law. Arbitration clause in general terms and conditions. Ex officio assessment by interim relief judge of fairness of (arbitration) clause? Ex officio assessment by interim relief judge whether Art. 6:96(6) BW (fourteen-day letter) was applied?
HR 1 November 2019, ECLI:NL:HR:2019:1689
Child support. Is a non-amendment clause void? Does it matter whether for the benefit or detriment of the maintenance creditor the legal standards were deviated from? Does Art. 1:159 (3) DCC apply to the extent that a non-amendment clause has legal effect?
HR 28 June 2019, ECLI:NL:HR:2019:1052
Can and should the bailiff deliver a writ intended for a natural person to a letter address listed in the Basic Registration of Persons (BRP), instead of serving it publicly under art. 54 Rv?