Debt collection, litigation and enforcement

In its judgment last Friday (March 27, 2026), the Supreme Court ruled on the question of whether Hoogheemraadschap van Schieland en de Krimpenwaard (hereinafter HHSK) complained in time to the plaintiff in cassation (see ECLI:NL:HR:2026:507). It is an important judgment on the duty to complain. Breach of the duty to complain can have far-reaching consequences. Construction contract for...

“This is not how the government should treat citizens,” concluded the preliminary relief judge of the District Court of East Brabant in a ruling last week (ECLI:NL:RBOBR:2026:1572). At issue was a dispute over a strip of land. Waterboard De Dommel claimed to be the owner, but the neighbor (a private person) claimed to have become the owner by prescription....

An auction buyer ‘accidentally’ makes a bid for a vacant hotel of as much as €23 million. This happened to a real estate trader from Lelystad. According to the trader, he had not wanted to offer such a high price at all, but ‘only’ € 2.3 million. The man would have typed one ‘zero too many’. Therefore, according to him, no purchase agreement would...

The fancy W Hotel on the Spuistraat in Amsterdam is to be evicted due to rent arrears of up to €22.7 million. The operators of the W Hotel, Palace Hotel Operational B.V. and B&F Palace Amsterdam B.V. have been ordered to evict in a ruling by the Amsterdam subdistrict court (ECLI:NL:RBAMS:2026:1903). The payment arrears are not only quite substantial,...

Procedural law is a specialized field. Failure to apply the rules correctly can have serious consequences. This blog discusses appeals in petition proceedings. One of the particularities of this is the provision in Article 359 of the Code of Civil Procedure (on appeals) and the link between that provision and Article...

The notary who executed a deed in 2016 amending the deed of division of a homeowners' association will not be paid for this. The court ruled that the homeowners' association was not the client. And the member of the homeowners' association who had given the instruction had not been sufficiently informed about the costs. So the notary worked for nothing...