Skip to main content

How can we help you?

  • 30-10-2014


In a recent landmark judgment, the Dutch Supreme Court has clarified the test that must be applied when determining whether a lender has validly required repayment of a loan prior to its specified maturity or made use of a right to cancel and require repayment of an uncommitted facility, or both (both referred to here as 'acceleration'). This judgment is important because it is the first of its kind and because it finally puts an end to more than a decade of uncertainty: uncertainty that was due, in part, to a judgment rendered by the Arnhem Court of Appeal in 2003.

The implications of the Supreme Court judgment for credit relationships between lenders and professional borrowers or (large) corporate borrowers (both referred to here as 'professional borrowers') are discussed below. First, we will briefly examine the 2003 Arnhem Court of Appeal judgment.
 

Please read more on this topic in our newsletter.

Cookie notice

Our website only uses cookies when you play video content. Video content is streamed from Vimeo. Our website does not use tracking cookies and/or third party cookies when you do not play video content. Please read the privacy/cookie policy for more information.