ECLI:NL:RBLEE:2012:BV7335 ECLI:NL:RBLEE:2012:BV7335 AI generated

Court allows bank to pay construction company under guarantee, rejecting commercial interest claim.

Case Number ECLI:NL:RBLEE:2012:BV7335

Court / Authority Rechtbank Leeuwarden

Jurisdiction

Netherlands (NL)

Decision Date 2012-02-29

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court granted the construction company's interim request for the bank to pay €140,000 under a bank guarantee. While the bank and contractor disputed the underlying debt, the court found the bank could not deny payment without further investigation. Consequently, the claim was allowed with statutory interest but rejected commercial interest due to the lack of a commercial contract between the parties.

Legislator headnote

AI generated

Art. 6:119a BW; Art. 6:119 BW: Where a bank guarantee is invoked and the underlying debt is disputed, the bank must pay the guaranteed amount without further inquiry, and the claimant is entitled only to statutory interest absent a commercial contract.