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.
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The saying “everyone is responsible for their own damages” is the starting point of the law on liability.
However, there are many exceptions to this general rule and the consequences can be the responsibility of another party. GMW lawyers can advise and negotiate on all matters involving liability.
In the majority of cases in which liability is assumed, it concerns a failure on the part of a person or object. For example, this could be an employer who plays a role in an industrial accident, a governmental authority which has made an error in zone planning or a manufacturer who has produced a product which does not work. In car crashes or other unlawful acts there can also be a reason to claim compensation. It is possible that you are asked to compensate damages because something went awry.
Failure is not the only requirement for liability. The relationship to the damage is also important. The right to compensation exists when a failure can be demonstrated and this failure can be attributed to someone. This may not always be self-evident.
GMW lawyers can examine the limits of liability in your specific case. We advise, mediate, negotiate and instigate proceedings in cases involving liability and issues involving insurance, and can assist all the parties who may be involved in these cases, from an employer or importer to a producer or self-employed professional.
Proving liability is often a difficult matter. We can determine whether there has been a failure which could be qualified, for example, as an unlawful act or breach of contract. Also, we will examine who is responsible for which damages and who can be held liable. We can also advise you on the best steps to take and we can play a role in the negotiations or in mediation. If this results in legal proceedings, we will promote your interests in a practical and businesslike way.
Insurance law is a related subject in which GMW lawyers is specialised. Has your insurance been rejected, do you disagree with obligatory measures to limit risks or are you not being paid compensation? If your insurance company is refusing cover because of fraud or a failure to disclose, GMW lawyers can help you.
Our starting point is to prevent lengthy proceedings. However, if proceedings cannot be avoided, we rely on our extensive experience in this area.
GMW lawyers will be happy to help you with all your company and business litigation issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our company law lawyers will be glad to support and advise you.
GMW lawyers will be happy to help you with all your company law issues and business disputes. Do you have a question? Feel free to contact us.
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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.
Read more
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.
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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.
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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.”
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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.
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8 September 2025
General Banking Terms: impact on your business
When you enter into an agreement with a bank for a loan or a credit facility (hereinafter referred to as a “financing agreement”), you will often see that the General Banking Terms (Algemene Bank Voorwaarden or ABV) apply to that agreement.
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3 September 2025
What to do as a creditor in a bankruptcy?
What you can do as a creditor in the event of a bankruptcy: from your rights and options to the role of the trustee and supervisory judge, and the ways in which a bankruptcy can be concluded.
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15 July 2025
Termination of financing by the bank: once again it comes down to reasonableness and fairness
The District Court of Limburg recently issued a judgment on the immediate termination of a credit agreement.
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2 June 2025
Can you start legal proceedings for €0,01?
On 26 November 2024, the Rotterdam District Court ruled on a case involving an amount of €0,01. Despite the minimal value, the court decided that there was insufficient interest to proceed. This judgment highlights the principle that a claimant must have sufficient interest to initiate legal proceedings.
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