Legislator Case Law & Legislation
ECLI:NL:RBZUT:2006:AZ9091 ECLI:NL:RBZUT:2006:AZ9091 AI generated

Court allows curator's claim for €45k against former director for damages from failed debt collection.

Case Number ECLI:NL:RBZUT:2006:AZ9091
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court granted the curator's request for €45,278.15 against a former director for damages caused by the director's failure to collect a debt. The defendant argued the claim was too complex for summary proceedings and lacked urgency, but the court rejected these defenses. Consequently, the court ruled that the director must pay the damages and bear the litigation costs.

Legislator headnote

AI generated

Art. 6:162 BW; Art. 6:135 BW: A former director is liable for damages caused by their conduct, and such damages cannot be offset against a debt arising after the bankruptcy declaration.

Keywords

AI generated
tort liability bankruptcy damages summary proceedings offset of claims curator rights former director breach of duty

Cited Legislation

AI generated
Art. 6:162 BW
Art. 6:135 BW
Art. 53 Fw
artikel 2:11 BW
artikel 3:237 van het Burgerlijk Wetboek
artikel 3:94 lid 3 BW
artikel 6:135 BW
artikel 53 Fw

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