ECLI:NL:RBSHE:2006:BQ3223
ECLI:NL:RBSHE:2006:BQ3223
AI generated
Court upholds previous judgment on damages and orders defendant to pay future loss assessment costs.
Legislator summary
AI generatedThe court confirmed the final judgment of EUR 31,096.72 regarding past damages and rejected the defendant's request to reduce the amount based on their limited assets. While the future loss of earning capacity was not yet quantified, the court ordered a separate state procedure to determine this specific claim. Consequently, the defendant was held liable for the established damages, court costs, and the future loss assessment expenses.
Legislator headnote
AI generatedArticles 6:162 BW; Article 7:618 BW: A final court decision on damages is binding and cannot be reopened; future loss claims must be determined in a separate state procedure where the defendant's financial means may be considered for mitigation.
Keywords
AI generated
finality of judgment
future loss of earning capacity
state procedure damages
mitigation of damages
court costs allocation
binding precedent
executability of judgment
Cited Legislation
AI generatedArticle 6:162 BW
Article 7:618 BW