Bart heads Houthoff’s Supreme Court Team and boasts over 20 years’ experience as a Supreme Court specialist. He has been involved in numerous landmark Supreme Court proceedings on liability law, contract law, energy law, EU law, financial law, insolvency law, company law, procedural law, transport law and insurance law. member of the Advisory Committee on Civil Procedural Law of the Ministry of Justice and Security.
Bart van der Wiel
Attorney-at-law | Partner
- 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.
- 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 Capgemini at the Dutch Supreme Court in a dispute on the execution of a large-scale software development project.
- Ph.D. Civil Law (Leiden University)
- LL.M. Civil Law (Leiden University)
- M.A. Classics (Leiden University)
- Admitted to the Bar in the Netherlands in 2003
- Bart received a Ph.D. from Leiden University in 2004 and has authored many publications
- Editor and co-author of a leading textbook on Supreme Court litigation
- Board member of the Civil Law Association (VBR). Member of the editorial team of Tijdschrift voor Civiele Rechtspleging, the leading Dutch journal on civil procedure
- A highly sought-after speaker and lecturer
- A member of the Advisory Committee on Civil Procedural Law of the Ministry of Justice and Security
- Editor and co-author of a handbook on the law of evidence
Dutch, English, German
