Legislator Case Law & Legislation
ECLI:NL:GHSHE:2021:2611 ECLI:NL:GHSHE:2021:2611 AI generated

Court dismisses appeal against board members' liability, upholding their right to extra work compensation despite procedural violations.

Case Number ECLI:NL:GHSHE:2021:2611
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Court of Appeal overturned the lower court's dismissal of the appellants' claim, ruling that the board members were not personally liable for damages despite procedural violations. The court found that the appellants' actions, while technically non-compliant with statutes and governance codes, did not constitute serious misconduct warranting personal liability. Consequently, the appellants were ordered to pay the foundation for their legal costs and the extra work fees they had previously received were confirmed as valid.

Legislator headnote

AI generated

Articles 6:164 BW; Article 6:119 BW: The court held that board members are not personally liable for damages if their actions, though procedurally flawed, do not amount to serious misconduct, thereby validating their claim for compensation for extraordinary work performed.

Keywords

AI generated
board member liability personal liability damages extraordinary work compensation serious misconduct standard governance code violation civil appeal procedure Zorgbrede Governance Code

Cited Legislation

AI generated
Article 6:164 BW
Article 6:119 BW
artikel 6:119 BW

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