ECLI:NL:RBNNE:2021:2742
ECLI:NL:RBNNE:2021:2742
AI generated
Court dismisses developer's urgent payment claim due to insufficient urgency given imminent project takeover.
Netherlands (NL)
Legislator summary
AI generatedThe court dismissed Akerpoort's urgent payment claim against its joint venture partner, [gedaagde], in a summary proceeding. Both parties are real estate developers involved in a stadium project for SC Cambuur, where Akerpoort sought immediate financial settlement based on a cooperation agreement. The judge rejected the claim because the urgent interest was not sufficiently established, noting that [gedaagde] was set to take over the project and assets shortly.
Legislator headnote
AI generatedArt. 3:30 BW; Art. 3:299 BW: A claim for urgent payment in summary proceedings is dismissed when the urgency is not sufficiently established, particularly when the claimant's position is likely to change due to an imminent takeover of the project.
Keywords
AI generated
summary proceedings
urgent payment claim
insufficient urgency
joint venture dissolution
project takeover
summary judgment dismissal
real estate development
Cited Legislation
AI generatedArt. 3:30 BW
Art. 3:299 BW
Cited Case Law
AI generatedHoge Raad 4 juni 1993, NJ 1993/659
Hoge Raad 22 januari 1982, NJ 1982/505
HR 14 april 2000, ECLI:NL:HR:2000:AA5519
Hoge Raad rules cumulative damages and disgorgement of profits under copyright law cannot exceed the greater of the two amounts.
NJ 1993/659
NJ 1982/505
ECLI:NL:HR:2000:AA5519
Hoge Raad rules cumulative damages and disgorgement of profits under copyright law cannot exceed the greater of the two amounts.
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