Skip to main content

How can we help you?

  • 24-09-2013

In a ground-breaking decision, the Dutch Supreme Court recently found that a foreign bankruptcy trustee may in principle exercise the powers conferred on him under the lex concursus (the law governing the bankruptcy) in the Netherlands as well. Such powers can include the management and disposal of assets located in the Netherlands at the time of the foreign bankruptcy order. Although the Supreme Court still describes its treatment of foreign bankruptcies under Dutch law as governed by the territoriality principle, the rules it adopted bear a closer resemblance to those based on the universality principle: in principle a foreign bankruptcy trustee can exercise all of his powers in the Netherlands without the requirement of a recognition procedure.

Please read more on this topic in our newsletter.

Cookie notice

We care about your privacy. We only use cookies strictly necessary to ensure the proper functioning of our website. You can find more information on cookies and on how we handle your personal data in our Privacy and Cookie Policy.