On 16 September 2011 the Netherlands Supreme Court rendered
an important judgment regarding the exercise by a bank of its right
to reverse a direct debit (LJN BQ873 SNS Bank/Pasman q.q.). In
light of this judgment it can be concluded that, in principle, a
bank may exercise its right of reversal not only if the direct
debit caused the account to be overdrawn or (if an overdraft
facility has been granted) the limit to be exceeded, but also if
the bank will, as a result of the debtor/payer's bankruptcy, be
unable to recover the claim resulting from the direct debit. This
is only otherwise in the event of exceptional
circumstances.
The facts of the case
SNS Bank had provided Vetrans with an overdraft facility. A few
days before Vetrans was declared bankrupt, funds were debited from
its account at SNS Bank by direct debits initiated by the payee.
The debits increased the debit balance but did not, however, cause
the overdraft limit to be exceeded. After the bankruptcy
