On 3 July 2012, the Amsterdam Court of Appeal upheld the verdict of the Amsterdam District Court, in which the court dismissed the claim of EUR 100 milion filed by Trimp & Van Tartwijk against the Municipality of Amsterdam.
The project developer, whom the department of justice suspects of playing a role in a major real-estate fraud case relating to real-estate projects on, inter alia, the Zuidas, had made a claim for damages against the municipality because of the latter’s alleged failure to observe the terms of a development agreement and because the municipality was alleged to have acted unlawfully by breaking off negotiations. The Court of Appeal now also dismissed the claim filed by Trimp & Van Tartwijk. Based on the arguments of the municipality, the Court of Appeal has dismissed all objections that Trimp & Van Tartwijk had raised against the judgment of the District Court.
The City of Amsterdam was assisted in this case by Bernard ter Haar and Berend Zwart of the Real Estate & Infrastructure and the Litigation & Arbitration department.