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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If someone has suffered damages caused by someone else, the party who suffered the damages may want compensation.
The person who caused the damages must then first be held liable, whether this is a manufacturer, contractor, driver or other.
In practice, the parties consult a lawyer, solicitor or insurer who approaches the case from a legal standpoint. The party who has suffered the damages provides support for the claim and the party claiming damages may seek legal defence. The parties may start proceedings. This may not always be desirable. The costs could exceed the possible benefits.
GMW lawyers can advise you on the best course of action. We can discuss the possibilities of a settlement as well as examining the opportunities and costs of proceedings.
A good settlement can sometimes deal with a claim for damages quickly and efficiently, ensuring a solution which does justice to the positions of both the parties involved, and if possible, maintains the relationship. Commercial, strategic and practical considerations may also play an important role.
At the same time you need to prepare for legal proceedings. After all, it is not always possible to achieve a settlement. In that case, proceedings are the only solution.
GMW lawyers has experienced, keen and creative lawyers in the field of damages and injury, unlawful acts, breach of contract, class actions and directors’ liability. They will try to reach a settlement or carry out the proceedings on your behalf.
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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