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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 6:192 BW
Art. 6:199 BW
artikel 4:16 Awb
artikel 3:2 Awb
artikel 6:101 BW
Cited Case Law
AI generatedHoge Raad, 13 januari 1995, NJ 1997, 366
NJ 2000/87