Legislator Case Law & Legislation
ECLI:NL:HR:2000:AA5477 ECLI:NL:HR:2000:AA5477 AI generated

Dutch Supreme Court increases compensation for business loss in expropriation case by recalculating rent differential.

Case Number ECLI:NL:HR:2000:AA5477
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of the Netherlands annulled the lower court's decision regarding the amount of compensation payable to the tenant. The court found that the lower court incorrectly calculated the loss of rent by failing to account for the full potential rent of the replacement business space and ignoring certain costs. Consequently, the court ordered a recalculation of the compensation, increasing the total sum significantly to reflect the actual economic loss suffered by the tenant.

Legislator headnote

AI generated

Articles 5:10 and 5:11 of the Expropriation Act; where expropriation causes loss of rent for a business premises, compensation must cover the difference between the rent of the replaced premises and the current premises, adjusted for advantages of the replacement, without disregarding relevant cost factors.

Keywords

AI generated
expropriation compensation business loss assessment rent differential calculation replacement premises value tenant protection rights Schadeloosstelling bepaling Hoge Raad cassatie

Cited Legislation

AI generated
Article 5:10 of the Expropriation Act
Article 5:11 of the Expropriation Act

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