Dutch Supreme Court Clarifies When Recourse Claim Limitation Period Starts Running

Significance of the judgment

A joint and several debtor who has paid the creditor may take recourse against his joint and several co-debtors. It was unclear what the commencement date was for the time limit on such recourse claims.

In its judgment of 6 April 2012 (LJN: BU3784), the Supreme Court clarified this: the five-year limitation period set out in section 3:310 paragraph 1 of the Dutch Civil Code (DCC) only starts running after the joint and several debtor has made a payment in excess of his part of the debt.

Background

The case before the Supreme Court arose from a dispute between Achmea Schadeverzekeringen N.V. (Achmea) and ASR Schadeverzekering N.V. (ASR). ASR had provided liability insurance to a woman who co-owned a Frisian horse together with a man, 50% each. In October 1990 the horse kicked its carer in the knee, resulting in a serious injury. In September 1995, the injured person turned to the man for compensation and, in early 1999, filed a