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In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts in which liability for indirect damage is excluded.

Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties.

In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts.  Exoneration clauses limit or exclude the debtor’s liability.

In the pre-contractual phase, Dutch professional contracting parties often negotiate a financing arrangement clause or a “subject to finance” clause.

In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause.

In the pre-contractual phase, professional contracting parties often negotiate under one or more conditions. Several different conditions are common in (commercial) legal practice: “subject to signature”, “subject to approval” and “subject to finance.”

Stibbe launches a new blog series focusing on the legal challenges of the Metaverse. In our upcoming blog posts, we will discuss the legal challenges of NFTs, crypto-assets, Metaverse platforms, crypto exchanges, DAO, and many more.

On 17 September 2018, the Court of Justice of the European Free Trade Association (EFTA Court) ruled that national limitation periods should not make damages claims impossible or excessively difficult.

Crystal ball gazing into prospective innovation rat races when assessing vertical mergers may soon be all in a day’s work for the European Commission. Innovation was a recurring theme in the Commission’s handling of the Illumina/Grail deal.

The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector.

The ACM’s push for companies to come forward for an antitrust blessing of their sustainability solutions is paying off. The ACM has again given informal guidance to companies wishing to make sustainability agreements.

Al enige tijd waait een protectionistische wind door Europa, ingegeven door de behoefte om vooral sectoren die raken aan nationale veiligheid te beschermen tegen ongewenste (buitenlandse) partijen.

Jeroen Kortmann, Amber van Vugt, Twan Heikens and Francis Blaauboer contributed to the International Comparative Legal Guide - Competition Litigation 2023 in a Q&A chapter about the Netherlands.

A right of usufruct on a claim cannot be used to appropriate what is received through collection of that claim, as the Dutch Supreme Court ruled in its decision of 30 September 2022 (ECLI:NL:HR:2022:1331).