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’.

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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.

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

Litigation

Business disputes can have a major impact on your organisation's reputation, continuity and financial position. Conflicts are becoming increasingly common due to growing regulation and social pressure. Shareholder disputes, contractual conflicts, directors' liability and collective actions invariably call for a well thought-out strategy and a thorough understanding of the sector.

Recent
work

Represented the Embassy of the United Emirates before the Dutch Supreme Court in a landmark case on sovereign immunity from enforcement.

Represented several Dutch Caribbean clients, including the Countries of Sint-Maarten and Curacao before the Dutch Supreme Court.

Represented RAB in a successful Supreme Court Appeal against a judgment of the Amsterdam court of appeal on the claim of a former adviser / party to the development of a hotel in Amsterdam.

Represented India in an annulment dispute worth upwards of EUR 1 billion before the Dutch Supreme Court.

Represented ING Bank in various Dutch Supreme Court proceedings in which important questions have been answered for the banking practice. These proceedings concerned, for example, the regulations regarding cashless payments, the terminability of a banking relationship and the validity of security interests.

Litigated a Supreme Court case concerning a plastic surgeon, whereby the Court of Appeal's judgment regarding the taxable profit distribution and the imposed penalties was successfully overturned.

Represented Samruk-Kazyna JSC in Dutch Supreme Court proceedings against a creditor of its shareholder, the Republic of Kazakhstan, on the legitimacy of attachments levied on all shares held by Samruk-Kazyna in a Dutch company.

Represented Capgemini at the Dutch Supreme Court in a dispute on the execution of a large-scale software development project.

Secured a win for various aviation industry parties, including 18 airlines, in challenging the Dutch State's proposed downsizing measures for Amsterdam Airport Schiphol, suddenly reducing the maximum number of flights from 500,000 to 460,000 in the next year. The Supreme Court ruled that the Dutch State must complete the 'balanced approach procedure' under the EU Noise Regulation before implementing such measures, overturning a previous decision by the Amsterdam Court of Appeal.

Represented ING Bank in Dutch Supreme Court proceedings to clarify the question: under what circumstances can the bank set off payments, which come into a borrower's account, against granted credit in case of a rescue attempt followed by insolvency? The Supreme Court clarifies when good faith required for set-off is present and formulates the principle that a bank that has good reason to believe that a rescue attempt has a real chance of success is acting in good faith. The guidance provided by the Supreme Court's judgment is of great importance for banking practice.

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.

Represented Wells in the Wells v Barivencase in proceedings before the Supreme Court. The Supreme Court reinstated the arbitral award after it was set aside for alleged corruption.

Represented the Embassy of the United Emirates before the Dutch Supreme Court in a landmark case on sovereign immunity from enforcement.

Represented several Dutch Caribbean clients, including the Countries of Sint-Maarten and Curacao before the Dutch Supreme Court.

Represented RAB in a successful Supreme Court Appeal against a judgment of the Amsterdam court of appeal on the claim of a former adviser / party to the development of a hotel in Amsterdam.

Represented India in an annulment dispute worth upwards of EUR 1 billion before the Dutch Supreme Court.

Represented ING Bank in various Dutch Supreme Court proceedings in which important questions have been answered for the banking practice. These proceedings concerned, for example, the regulations regarding cashless payments, the terminability of a banking relationship and the validity of security interests.

Litigated a Supreme Court case concerning a plastic surgeon, whereby the Court of Appeal's judgment regarding the taxable profit distribution and the imposed penalties was successfully overturned.

Represented Samruk-Kazyna JSC in Dutch Supreme Court proceedings against a creditor of its shareholder, the Republic of Kazakhstan, on the legitimacy of attachments levied on all shares held by Samruk-Kazyna in a Dutch company.

Represented Capgemini at the Dutch Supreme Court in a dispute on the execution of a large-scale software development project.

Secured a win for various aviation industry parties, including 18 airlines, in challenging the Dutch State's proposed downsizing measures for Amsterdam Airport Schiphol, suddenly reducing the maximum number of flights from 500,000 to 460,000 in the next year. The Supreme Court ruled that the Dutch State must complete the 'balanced approach procedure' under the EU Noise Regulation before implementing such measures, overturning a previous decision by the Amsterdam Court of Appeal.

Represented ING Bank in Dutch Supreme Court proceedings to clarify the question: under what circumstances can the bank set off payments, which come into a borrower's account, against granted credit in case of a rescue attempt followed by insolvency? The Supreme Court clarifies when good faith required for set-off is present and formulates the principle that a bank that has good reason to believe that a rescue attempt has a real chance of success is acting in good faith. The guidance provided by the Supreme Court's judgment is of great importance for banking practice.

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.

Represented Wells in the Wells v Barivencase in proceedings before the Supreme Court. The Supreme Court reinstated the arbitral award after it was set aside for alleged corruption.

Key
contacts

Ranked in Band 1

Chambers Global & Europe

Litigation (2025 Edition)

Ranked in Tier 1

Legal 500

Dispute Resolution: Litigation (2025 Edition)

"The Houthoff team is our go-to team for litigation in the Netherlands, especially Supreme Court litigation. The team has profound knowledge of the real estate sector and always keeps an eye on the practical and commercial interests at hand."

Legal 500

Dispute Resolution: Litigation (2025 Edition)

"The whole Houthoff team has great talent in handling complex and sophisticated matters and the ability to explain the matters to all parties involved."

Chambers Global & Europe

Litigation (2025 Edition)

"The team is always alert and ready to answer our questions and to address our needs. It delivers the highest quality of legal services."

Chambers Global & Europe

Litigation (2025 Edition)

Publications

14 April 2023

Kansen in cassatie. Houthoff.

29 October 2022

Aanwenden rechtsmiddel bij gunstig dictum. Nood bij Hoge Raad. Jurisprudentie Burgerlijk Procesrecht.

4 September 2019

Supreme Court Litigation

Keep up to date with our News Updates

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Examples of our expertise

Litigation

Recent work

Represented the Embassy of the United Emirates before the Dutch Supreme Court in a landmark case on sovereign immunity from enforcement.

Represented several Dutch Caribbean clients, including the Countries of Sint-Maarten and Curacao before the Dutch Supreme Court.

Represented RAB in a successful Supreme Court Appeal against a judgment of the Amsterdam court of appeal on the claim of a former adviser / party to the development of a hotel in Amsterdam.

Represented India in an annulment dispute worth upwards of EUR 1 billion before the Dutch Supreme Court.

Litigated a Supreme Court case concerning a plastic surgeon, whereby the Court of Appeal's judgment regarding the taxable profit distribution and the imposed penalties was successfully overturned.

Represented Samruk-Kazyna JSC in Dutch Supreme Court proceedings against a creditor of its shareholder, the Republic of Kazakhstan, on the legitimacy of attachments levied on all shares held by Samruk-Kazyna in a Dutch company.

Represented Capgemini at the Dutch Supreme Court in a dispute on the execution of a large-scale software development project.

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.

Represented Wells in the Wells v Barivencase in proceedings before the Supreme Court. The Supreme Court reinstated the arbitral award after it was set aside for alleged corruption.

Represented the Embassy of the United Emirates before the Dutch Supreme Court in a landmark case on sovereign immunity from enforcement.

Represented several Dutch Caribbean clients, including the Countries of Sint-Maarten and Curacao before the Dutch Supreme Court.

Represented RAB in a successful Supreme Court Appeal against a judgment of the Amsterdam court of appeal on the claim of a former adviser / party to the development of a hotel in Amsterdam.

Represented India in an annulment dispute worth upwards of EUR 1 billion before the Dutch Supreme Court.

Litigated a Supreme Court case concerning a plastic surgeon, whereby the Court of Appeal's judgment regarding the taxable profit distribution and the imposed penalties was successfully overturned.

Represented Samruk-Kazyna JSC in Dutch Supreme Court proceedings against a creditor of its shareholder, the Republic of Kazakhstan, on the legitimacy of attachments levied on all shares held by Samruk-Kazyna in a Dutch company.

Represented Capgemini at the Dutch Supreme Court in a dispute on the execution of a large-scale software development project.

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.

Represented Wells in the Wells v Barivencase in proceedings before the Supreme Court. The Supreme Court reinstated the arbitral award after it was set aside for alleged corruption.

Key contacts

Bartvan der Wiel

Lauravan Gardingen

AlbertKnigge

RemmeVerkerk

NaomiDempsey

Diederikvan der Kooij

AnneStortelder

LindsayBurwick

HélèneEssebai

JoyHordijk

NordineLgarah

Vincentvan der Borg

StephanBraaksma

Bartvan der Wiel

Lauravan Gardingen

AlbertKnigge

RemmeVerkerk

NaomiDempsey

Diederikvan der Kooij

AnneStortelder

LindsayBurwick

HélèneEssebai

JoyHordijk

NordineLgarah

Vincentvan der Borg

StephanBraaksma

Ranked in Band 1

Chambers Global & Europe

Ranked in Tier 1

Legal 500

"The Houthoff team is our go-to team for litigation in the Netherlands, especially Supreme Court litigation. The team has profound knowledge of the real estate sector and always keeps an eye on the practical and commercial interests at hand."

Legal 500

"The whole Houthoff team has great talent in handling complex and sophisticated matters and the ability to explain the matters to all parties involved."

Chambers Global & Europe

"The team is always alert and ready to answer our questions and to address our needs. It delivers the highest quality of legal services."

Chambers Global & Europe

Publications

Kansen in cassatie. Houthoff.

Aanwenden rechtsmiddel bij gunstig dictum. Nood bij Hoge Raad. Jurisprudentie Burgerlijk Procesrecht.

Cassatie, serie Burgerlijk Proces & Praktijk. Wolters Kluwer.

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Dutch Supreme Court rules that dynamic referral clause also transfers in transfer of undertaking

Schiphol's downsizing conflicts with EU law

Supreme Court answers preliminary questions about rent increase clauses

Dutch Supreme Court rules that dynamic referral clause also transfers in transfer of undertaking

Schiphol's downsizing conflicts with EU law

Recent
work

Key
contacts

Bart
van der Wiel

Laura
van Gardingen

Albert
Knigge

Remme
Verkerk

Naomi
Dempsey

Diederik
van der Kooij

Anne
Stortelder

Lindsay
Burwick

Hélène
Essebai

Joy
Hordijk

Nordine
Lgarah

Vincent
van der Borg

Stephan
Braaksma

Bart
van der Wiel

Laura
van Gardingen

Albert
Knigge

Remme
Verkerk

Naomi
Dempsey

Diederik
van der Kooij

Anne
Stortelder

Lindsay
Burwick

Hélène
Essebai

Joy
Hordijk

Nordine
Lgarah

Vincent
van der Borg

Stephan
Braaksma