Alexander van der Voort Maarschalk
Advocaat | Partner
Alexander specialises in corporate litigation, with a special focus on accounting law and tax law. He conducts both civil and tax proceedings, many of which before the Dutch Supreme Court. He focuses on matters such as disputes on annual accounts, the use of financial products, professional liability, and the responsibility of pension fund directors with respect to proper asset management.
RecommendedLegal 500, Tax (2021 Edition)
RecommendedLegal 500, Tax (2020 Edition)
RecommendedLegal 500, Tax (2019 Edition)
RecommendedLegal 500, Tax (2018 Edition)
"Alexander van der Voort Maarschalk is the key contact in tax litigation."Legal 500, Tax (2017 Edition)
Alexander is a member of the board of the Dutch Association of Civil Cassation Litigators. He is also a member of the Dutch Corporate Litigation Association, the Dutch Accounting Law Association and the Dutch Tax Lawyers Association. He is a regular annotator in the Dutch legal journal BNB and the Nederlands Tijdschrift voor Fiscaal Recht (a Dutch journal on tax law). He is co-author of a leading textbook on Supreme Court Litigation.
Qualifications & experience
- Dutch Law (University of Groningen)
- Tax Law (University of Groningen)
Assisted a taxpayer in civil proceedings of principle against the Dutch state before the Supreme Court, in which the state unsuccessfully tried to recover the costs of a tax audit from the taxpayer.
Represented Vestia in various disciplinary and professional liability cases against its auditors from Deloitte and KPMG regarding the audit of interest rate hedging in the annual accounts by means of derivatives amounting to more than EUR 20 billion.
Acted in tax proceedings regarding environmental tax levies following an accident with storage tanks for liquid fertiliser.
Represented a Dutch family in various proceedings against the tax authorities regarding information requests, and tax assessments and fines of more than EUR 50 million resulting from the termination of a private foundation in Curaçao.
Acted for a large pension fund in a professional liability claim of more than EUR 1.6 billion against its Dutch asset manager concerning the incorrect hedging of the pension fund's interest rate risk with derivatives.
Represented one of the largest pension funds in the Netherlands in a professional liability claim of approximately EUR 275 million against its global asset manager concerning asset mismanagement.
Acted in civil Supreme Court preliminary-ruling proceedings, which included the question whether a judgment is issued and whether a case that was decided in conflict with the Meavita judgment must be reconsidered by the Court of Appeal or referred to the original lower court or a different lower court.
On the basis of the appeal of Houthoff, the Supreme Court quashed on material and unprecidented formal grounds the decision of the Enterprise Chamber in the Meavita-case. The Enterprise Chamber's decision was rendered after the by far most costly investigation so far. It must fully reconsider the whole case.