Trademark law

6 August 2026

Set-off and bankruptcy: what is and isn’t allowed?

Set-off is a legal mechanism whereby two parties who owe each other obligations may offset their mutual claims and debts. In an ordinary commercial relationship this is, in principle, unproblematic. However, once bankruptcy proceedings are involved, different rules apply.

2 July 2026

Duty to provide information in a WHOA plan

The Zeeland-West Brabant District Court delivered a ruling on the debtor’s duty to provide information in a WHOA procedure.

25 June 2026

Discharge from liability in associations

In a recent judgment of the Arnhem-Leeuwarden Court of Appeal, the central question was whether the board members of an association could rely on the discharge granted by the general members’ meeting in relation to the management of a major project (the construction of the clubhouse).

21 May 2026

Suretyship for entrepreneurs

Suretyship is an age-old instrument used to secure payment or performance of an obligation. The concept already existed in Roman law as a specific form of joint liability, where several debtors were bound to satisfy the same debt.

16 April 2026

Operational and financial lease: what are the differences in the context of business financing?

The distinction between operational lease and financial lease is important in the context of business financing.

26 March 2026

The conditions for a bank guarantee to lift a seizure

Provisinal (or prejudgment) seizure of a bank account is a powerful tool for creditors to safeguard their recourse position, before a court has ruled definitively on a claim. For the party whose assets are attached, however, such attachment can be highly disruptive.

23 February 2026

Directors’ liability: often claimed, difficult to prove

Directors’ liability sounds threatening. In practice, however, a claim brought by a bankruptcy trustee is difficult to win. The threshold for directors’ liability is high. It therefore pays to take a critical look at such liability claims and to provide a solid defence.

27 November 2025

Interpretation of contracts: the Haviltex-ruling

Most business disputes arise from differing interpretations of agreements. That is not surprising. As Paul Scholten already said in 1909: “Words are never clear on their own.”

2 October 2025

Purchase agreement for electric cars and non-conformity

In a ruling of the Supreme Court on 28 June 2024 concerning non-conformity in the purchase of an electric car, an important decision was made regarding the vehicle’s driving range.