Clifford Chance

Judgment by Hoge Raad (Dutch Supreme Court) 14 january 2011 - Aukema qq vs Uni-Invest BV

18 April 2011

On 14 January 2011 the Dutch Supreme Court rendered a judgment in a case involving the early termination by the trustee (curator) of the tenant of a rental agreement in respect of an office building on the basis of section 39 of the Dutch Bankruptcy Act (DBA).

The landlord claimed damages including the rental payments for the remainder of the rental period on the basis of what was agreed in the rental agreement. It was held that such a claim for damages was not allowed in case of a termination on the basis of section 39 DBA. The Supreme Court distinguished this matter from a claim for damages in case of a rescission (ontbinding) of a rental agreement by the landlord.

Reference was made to another judgment by the Dutch Supreme Court (HR 13 May 2005, JOR 2005/222, m.nt. Van Andel).

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