Legislator Case Law & Legislation
ECLI:NL:RBUTR:2001:AD6414 ECLI:NL:RBUTR:2001:AD6414 AI generated

Court partially allows claim for out-of-court costs and suspends non-material damages decision pending material damage assessment.

Case Number ECLI:NL:RBUTR:2001:AD6414
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ordered the defendant to pay the plaintiff 20,000 guildles for out-of-court costs incurred during the objection phase against a liability decision. While the plaintiff argued these expenses were necessary for legal defense, the court found them reasonable and aligned with the advocates' tariff. However, the claim for non-material damages was suspended until the court could determine the extent of the plaintiff's material losses.

Legislator headnote

AI generated

Art. 6:192 BW; Art. 6:199 BW: Out-of-court costs incurred in good faith to resolve a dispute are generally recoverable if reasonable, but non-material damages require a clear demonstration of suffering and are often suspended pending the assessment of material losses.

Keywords

AI generated
out-of-court costs liability decision non-material damages reasonable expenses suspension of judgment advocates tariff material damage assessment

Cited Legislation

AI generated
Art. 6:192 BW
Art. 6:199 BW
artikel 4:16 Awb
artikel 3:2 Awb
artikel 6:101 BW

Cited Case Law

AI generated
Hoge Raad, 13 januari 1995, NJ 1997, 366
NJ 2000/87

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text