The Legal 500

Netherlands > Commercial litigation

Editorial sections

Other

All countries

Other countries

Index of tables

  1. Commercial litigation
  2. Other recommended firms

Allen & Overy LLP’s litigation team is described as ‘very swift, down to earth, effective and no-nonsense’. Willem van Baren leads the highly rated team that includes leading Dutch law professor and former Justice in the Court of Appeal, Rieme Jan Tjittes. The team successfully defended Dutch luxury car manufacturer Spyker against the Dutch Securities Markets Regulator, the AFM, in the first Dutch annual reporting processes litigated before the Enterprise Chamber. Other key mandates include representing the airline industry through the Board of Airline Representative in a case against the Dutch State, regarding the legality of a newly introduced tax on airline tickets. One source praises the team’s ‘pitbull mentality and strategic view’. Marieke van Hooijdonk is singled out by clients.

Managing partner Mark Biesheuvel leads De Brauw Blackstone Westbroek’s litigation practice. Marc Ynzonides is recommended for commercial and Supreme Court litigation. The team has been involved in some of the most high-profile litigation cases in the market, including, representing the consortium of Fortis, Royal Bank of Scotland and Santander in relation to the €72bn takeover of ABN AMRO. The team has also been given instructions by clients such as Royal Dutch Shell, and Danone, the latter of which the team, led by Harm Jan de Kluvier, represented on threatened actions connected to the €12bn takeover of Numico. On the commercial side, partner Berto Winters is recommended. Jan de Bie Leuveling Tjeenk is noted for being ‘very skilled and excellent in supreme court proceedings’.

Houthoff Buruma is consistently highly recommended for its supreme court expertise and insurance litigation. Recently the team advised Dexia and Aegon on alleged damages from stock leasing. A team led by Dirk Knottenbelt acted for trustees in the KPNQwest bankruptcy in both the Netherlands and the US. Hans Londonck Sluijk is the head of practice. Pieter van der Korst is recommended for being ‘dedicated, available, focussed and eager for results’. Rob Meijer is highly recommended by clients.

Bart Gerretsen and Harmen de Mol van Otterloo lead Nautadutilh’s thriving litigation practice. The team is recommended by one source for its ‘mass litigation expertise’, and also possesses a Supreme Court sub-department, led by Robert van Galen. The team has a proven track record of representing clients in the banking sector and successfully represented ABN AMRO in Enterprise Chamber litigation. Other highlights include representing British American Tobacco in the first smoking health case in the Netherlands. Clients recommend Daan Lunsingh Sheurleer as an ‘inspiring leader’, and Ianika Tzankova is described as ‘young, but close to brilliant’.

Stibbe’s litigation practice receives high praise from some of its competitors. The team acts for foreign multinationals, banks and financial institutions, and has recently seen a number of antitrust instructions. The ‘responsive’ team has represented ASM International in proceedings before the Enterprise Chamber on a dispute with activist shareholders Hermes, Fursa and Centaurus. The team has also represented Fortis in a contractual dispute with a former joint venture partner. Toni van Hees and Fons leijten co-head the practice. Jeroen Kortmann was promoted to partner in 2008.

Hub Harmeling leads Freshfields Bruckhaus Deringer’s disputes practice. The team successfully represented Bundesliga footballer Deigo Ribas da Cunha in a contract litigation with Nike resulting from the transfer of sponsorship from adidas. The team also defended Elopak, a leading liquid food products packaging manufacturer, in litigation with one of its business partners. Jan Willem van der Staay is recommended.

Loyens & Loeff offers ‘dedication, involvement, knowledge, and above all creativity’. The commercial litigation team deals with agency, distribution and franchising, product liability and mass tort claims, pharmaceutical law, and purchase contracts and negotiations. The corporate team handles all types of corporate disputes including corporate governance issues and litigation relating to financial reporting. Standout instructions include successfully defending the Municipality of Amsterdam against Barclays and Residex in a litigation worth €90m. Jeroen van den Brande is recommended for his ‘excellent support in the negotiation process’.

Pels Rijcken & Droogleever Fortuijn NV’s Jurjen Lemstra is recommended for disputes work, and is highly praised in the market. The team represented Hermes before the Enterprise Chamber in the ASMI case. Lemstra also defended Shell Compensation Foundation in proceedings before the Appelgate Court of Amsterdam.

Van Doorne’s litigation team acts for liability insurers in almost all material D&O liability cases pending in the Netherlands. Pieter Regteren Altena and Maurits Kalff receive high praise from clients for their ‘responsiveness and ability to think broadly and creatively about the mechanisms for dispute resolution’. Jasper Leedekerken was recently promoted to partner, taking the total number to ten. The team recently assisted a high-profile client in relation to a considerable number of asbestos claims.

Eric Grabandt leads the commercial litigation team at BarentsKrans N.V., while William Schonewille heads up financial litigation. Highlights have included the Bank of America vs VEB and Dutch Antilles vs Lightning Casino. The team has a strong reputation in commercial liability litigation.

Bird & Bird LLP’s litigation practice benefited from the arrival of Olaf Trojan from Simmons & Simmons in 2008. The team has a good reputation for litigation among its industry sector clients, but is also engaged elsewhere. Eggo Jan Rietema regularly advises Capgemini, and the team has also been involved in private enforcement proceedings for a group of high-profile fixed line operators against KPN. Marjolein Geus and Eggo Jan Rietema are recommended.

Boekel De Nerée offers its clients ‘speed and experience’. Led by Michel Deckers, the team has represented Deutsche Post International in a post-closing litigation regarding breach of warranties on takeover. The team is commended for its knowledge of clients’ ‘internal structure and previous transactions’. Lisette Bieleveld is recommended.

CMS Derks Star Busmann’s Leonard Böhmer is the US government’s litigator in the Netherlands. The team is led by Peter Soede and also includes agricultural specialist Dominique van Dijk. The team is committed to using mediation where possible.

Jeroen Ouwehand heads Clifford Chance’s litigation practice. Recent highlights for the practice include representing various investors in the liquidation of shares in a Dutch subsidiary of Yukos Oil Company, Yukos Finance. The team has also recently represented Deutsche Bank, Barclays, and Harbourmaster in proceedings brought by the receivers of KPNQwest.

At DLA Piper, the arrival of practice head Gerard Endedijk from Kennedy Van der Laan has augmented the team’s insurance and finance capabilities. The practice maintains a strong reputation for professional indemnity work, and acts for nearly all the major accountancy firms. The team is described as having a ‘hands-on mentality’ and ‘an excellent balance of price and performance’.

Lexence N.V.’s disputes team is led by Chris de Bres. The team has advised clients in the media and consumer electronics sectors, as well as leading food retailers. The team also represents non-profit organisations such as housing corporations, health care institutions, and local governments.

Yke Lennartz is the lead partner at Norton Rose LLP. The team has had a raft of instructions from financial institutions over the past year, and is regularly involved in post acquisition litigation. The team also represents a number of energy and media sector clients.

Simmons & Simmons suffered from the loss of Olaf Trojan to Bird & Bird LLP in 2008. Michiel Gorsira has also left the firm. The team, now led by Jan-Willem Bitter, is principally engaged in financial and energy-related litigation.

Van Diepen Van der Kroef Advocaten’s 20-lawyer team is recommended for litigation and regularly represents clients before the Enterprise Chamber.

Press releases

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to

Legal Developments in Netherlands

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • State aid risks involved in real estate transactions and public-private partnerships

    Private undertakings that engage in commercial transactions with public authorities located in the EU should be more aware of the risk of unlawful state aid. This is especially true for construction or development companies, as well as real estate funds, when participating in projects with public authorities involving the sale and/or finance of buildings or land. In many of these transactions the risks of state aid are either ignored or overlooked. In general, state aid is forbidden and any unlawful state aid including interest is to be recovered from the recipient undertaking. The recipient undertaking therefore bears the risks of unlawful state aid. Hence the importance for undertakings to determine whether a risk of state aid exists in relation to commercial transactions with public authorities. If so, appropriate steps should be taken to seek compliance with rules on state aid or to notify such aid to the European Commission.
    - Boekel De Nerée
  • Distributing dividends in the Netherlands

    Several questions arise when your  Dutch subsidiary distributes dividends. Below we set out numerous issues, on a non-exhaustive basis, that have to be addressed in the process of distributing dividends.
    - Boekel De Nerée
  • Employee participation and works councils in the Netherlands

    Companies going through global reorganisations often have to deal with local rules and regulations relating to employee participation. Observing these rules and regulations is often of major importance to avoid any delay in the implementation of business decisions. This article describes some of the main aspects of the consultation process relating to works councils in the Netherlands. It covers the special provisions that apply to entrepreneurs employing at least 50 people.
    - Boekel De Nerée
  • Privatising environmental resources

    Anne-Marie Klijn, Joyeeta Gupta and Anita Nijboer discuss current investments in greenhouse gas reduction projects, and consider whether there is enough supervision of these contracts in the Netherlands and worldwide.
    - Boekel De Nerée
  • Price fixing on transfer of shares and the (non-performing) trustee in bankruptcy

    When entering into a joint venture, a great deal of attention can be devoted to the exit. For many hypothetical situations, the parties wish to lay down how the price of the interest to be transferred when a party exits is fixed. In practice, a substantial degree of flexibility is required in fixing the value of the interest to be transferred. Parties want to make the ‘reward' for the exiting partner depend on the circumstances of the exit. If, for example, a partner is being ousted on account of negligence, then this is a good reason to apply a discount to the real value of the interest involved.
    - Boekel De Nerée
  • Real estate funds under pressure: new round, new opportunities?

    Many reports have recently appeared in the media about downward revaluations of real estate portfolios. Although it is not exactly clear how big the decline in value has been, there seems to be a consensus in the market that the value of real estate has decreased considerably since autumn 2008. As a result, real estate investors have seen the value of their assets go down. This may also have far-reaching consequences for private, non-listed real estate funds. Because the financial crisis has now affected the economy as a whole, the risks have further increased. As commercial tenants are having more and more difficulty keeping their businesses going at the same level, rental income may be wiped out completely or in part. Real estate funds may have to endure a very rough period because of these developments. This may provide cause for financing banks to impose additional requirements on funds, under the threat of terminating credit or enforcing security interests.
    - Boekel De Nerée
  • Grote bouwprojecten niet in gevaar

    Als het aan de voorzieningenrechter van Utrecht ligt, kan op basis van een onder de oude Wet op de ruimtelijke ordening verleende vrijstelling gewoon een bouwvergunning worden verleend, ook als deze pas onder de per 1 juli 2008 in werking getreden nieuwe Wet op de ruimtelijke ordening (Wro) wordt aangevraagd. De Arnhemse voorzieningenrechter oordeelde op 22 april nog anders (FD 23 juli, in Recht en belastingen: 'Grote bouwprojecten dreigen te stranden'), maar daarvan is op 17 juli afstand genomen.
    - Lexence
  • Labour Law

    As a foreign employer in the Netherlands, it is important to know that there are many legal provisions that protect the interests of the employee. These are, among others, provisions regarding holidays, minimum wages, working hours and employment of disabled employees. As a consequence, you are not entirely free in concluding employment agreements. In this article, mr. Jan Dop will discuss the definition, contents and termination of an employment agreement, as well as matters relating to sickness of employees and discrimination. He will also give practical information on working conditions, pregnancy and parental leave.
    - Russell Advocaten
  • Private enforcement of competition law: a Dutch perspective

    T he European Commission (The Commission) plays hardball with respect to breaches of antitrust rules by companies. The fight against cartels remains a key priority for the Commission and record fines (for example with respect to elevator companies and car glass producers) have been frequently imposed.
    - Boekel De Nerée
  • Parent company protection

    This article discusses how to ensure that your Dutch subsidiaries do not contaminate the parent company with liabilities in times of financial crisis.
    - Boekel De Nerée

Press releases

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to