Supreme Court Litigation

Some cases are so complex or fundamental that they have to be taken to the Supreme Court. Supreme Court proceedings are conducted by specialist lawyers, known in the Netherlands as ‘cassation lawyers’. Houthoff has one of the largest and most prestigious Supreme Court practices in the country. Our Supreme Court lawyers are fully integrated into our other practice groups and sector teams. They understand the context behind disputes and are committed to finding the best solution. They combine outstanding strategic advice with an in-depth knowledge of the areas our clients operate in. The success of our Supreme Court team is internationally recognised and our lawyers are called upon for advice by other law firms, companies and government bodies.

Houthoff’s Supreme Court Team has secured countless ground-breaking judgments from the Supreme Court over the years.

First Tier firm
Chambers Global & Europe, Dispute Resolution (2022 Edition)
“A client specifies that ‘the quality is good, the lawyers are responsive and they understand both the legal issue and the business’.”
Chambers Europe, Dispute Resolution (2022 Edition)
“Houthoff's services are at a very high level.”
Chambers Europe, Dispute Resolution (2022 Edition)
“A client describes the team as ‘highly responsive, committed and with great insight and knowledge’.”
Chambers Europe, Dispute Resolution (2022 Edition)
“Sources praise the firm for being ‘very proactive and creative’ and ‘always very well prepared in supporting us.’”
Chambers Europe, Dispute Resolution (2020 Edition)
“Clients highlight the team’s international capabilities, noting that they are ‘very good at dealing with cross-border work’ and have ‘very good knowledge of international financing and documentation, and are very good at adapting to different litigation systems.’”
Chambers Europe, Dispute Resolution (2020 Edition)
First Tier firm
Chambers Global & Europe, Dispute Resolution (2020 Edition)
First Tier firm
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
“Leading arbitration team in the Netherlands, active both on investor-state and commercial arbitration matters. Successful in the world’s most high-value complex disputes matters.”
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
“This practice is unique because Houthoff helped us eventually win the case and as client of Houthoff, I feel very delighted to be working with such a professional, responsible and talented team of lawyers. They are always patient and work with great passion and efficiency.”
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
First Tier firm
Legal 500, Dispute Resolution: Commercial litigation (2020 Edition)
“A well balanced team with outstanding arbitration skills. The really know when to push through and when to settle. Compared to other firms the Houthoff team combines outstanding legal knowledge with practical business skills.”
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
“The team is very quick to respond, friendly, easy to talk to. They team is efficient and very hard-working.”
Legal 500, Dispute Resolution: Commercial litigation (2020 Edition)
“Ability to think outside the box in very complex and high-stakes matters.”
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
“The team is very experienced in a wide range of disputes and provides commercial and user-friendly advice.”
Legal 500, Dispute Resolution: Commercial litigation (2020 Edition)
“The team consists of lawyers with different capabilities/areas of expertise which makes the team well equipped to handle a variety of cases.”
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
“Houthoff has a large and outstanding arbitration team that is capable of handling high-end and large-scale arbitrations. They have extensive experience with ICC and other international arbitrations.”
Legal 500, Dispute Resolution: Arbitration (2020 Edition)
“Sparring partners who have a lot of trial experience and the ability to assess risks.”
Chambers Europe, Dispute Resolution (2019 Edition)
“One client says: ‘The team is excellent and the quality of work is outstanding,’ and adds that the lawyers are ‘very technical, objective and clear and deliver high-quality services.’”
Chambers Europe, Dispute Resolution (2019 Edition)
“Houthoff’s ‘exceptional’ group has 'considerable experience in ICC arbitrations’ and stands out for the ‘accuracy and clarity of its legal advice’; it is also a key name for large-scale investment arbitration.”
Legal 500, Dispute Resolution: Arbitration (2019 Edition)

Examples of our expertise

appeal against the expropriation of the Hertogin Hedwige Polder (ongoing case);
successful appeal in the Meavita case;
successful appeal on liability for the dike breach at Wilnis;
various proceedings related to the expropriation of SNS;
various proceedings on financing on behalf of ING;
successful defence of the composition plan relating to Lehman Brothers;
successful defence of the bankruptcy of Dutch financing subsidiaries of the Brazilian telecom giant Oi

Highlighted Matters
Represented Wells in the Wells v Bariven case in proceedings before the Supreme Court. The Supreme Court reinstated the arbitral award after it was set aside for alleged corruption.
Highlighted Matters
Represented CBRE in proceedings before the Supreme Court. The Supreme Court upheld the Court of Appeal's judgment which found that CBRE Investors does not have to offer properties to Bijenkorf.
Highlighted Matters
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.
Highlighted Matters
Advised Vi Holding, the largest shareholder of aluminum multinational Vimetco N.V. on several proceedings in the Netherlands and the UK relating to a transaction with regard to a significant minority stake in Vimetco. Disputes arose with respect to certain obligations under this transaction, and also a third party initiated proceedings in both the UK and the Netherlands following it.
Highlighted Matters
Advised Aurelius, through its investment vehicle Capricorn, in lodging several claims in the Netherlands, relating to, among others, (a) the voidance of several intercompany transactions of the Oi Group which have been to the detriment of the group's creditors and (b) to prevent the ailing Brazilian parent company from borrowing any more money from one its Dutch subsidiaries.
Highlighted Matters
The Unbundling Act requires that the integrated energy companies unbundle their network companies, and forbids privatization thereof. Three large energy companies argued that the act infringes on the right to free movement of capital and therefore does not bind them. The Dutch Supreme Court found that the Unbundling Act is in line with the right to free movement of capital. The Supreme Court reasons that the objectives of the Unbundling Act are ‘important reasons in the public interest’ and that the entailing restrictions.

Click here for the judgement of the Supreme Court.
Highlighted Matters
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.