Litigation at the Enterprise Chamber of the Court of Appeals in Amsterdam

Van Benthem & Keulen has recognised expert attorneys in the area of conducting proceedings before the Enterprise Chamber of the Court of Appeals in Amsterdam (“Ondernemingskamer” or “OK”).

The Enterprise Chamber is a specialist legal body. It is the tribunal designated to rule in disputes in the following areas:

  • Disputes pertaining to a company’s annual accounts;
  • Ordering an investigation of the policy pursued by and situation prevailing within a legal entity and granting relief in the event that there is evidence of mismanagement;
  • Buyouts (a shareholder who acquires 95% of a company’s capital for his own account, has a right to buy out the minority shareholders);
  • Appeals against decisions taken by businesses under the terms of Section 25 of the Act on the Works Councils (“Wet op de Onderne¬mingsraden” or “WOR”);
  • Appeals against judgments handed down by a court of law concerning the mandated departure or ejection of a shareholder, the revocation of responsibility for a group company (based on a so-called 403 declaration), or objections to a reduction of capital, or a legal merger or split;
  • Questions concerning the appointment or dismissal of supervisory directors for the purposes of applying the two-tier governance regime in so-called large B.V. and N.V. companies.

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