Legislator Case Law & Legislation
ECLI:NL:RBUTR:2007:BC0686 ECLI:NL:RBUTR:2007:BC0686 AI generated

Court orders private equity fund to pay 25% of future profits and disclose investments to investor.

Case Number ECLI:NL:RBUTR:2007:BC0686
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ruled in favor of D-Age, ordering Nethave to pay 25% of all future profits derived from its investment in Canal+ and to provide quarterly financial disclosures. The plaintiff argued that the defendant's failure to co-invest caused financial losses and tax inefficiencies, while the defendant contested the scope of liability. The court granted the claim for profit sharing and disclosure but dismissed the request for immediate tax compensation due to lack of current quantification.

Legislator headnote

AI generated

Art. 6:104 BW; Art. 6:162 BW: A party who fails to cooperate in a joint investment opportunity may be ordered to pay a share of future profits and provide regular financial reports to the aggrieved party.

Keywords

AI generated
profit sharing obligation joint investment failure financial disclosure duty unjust enrichment tax loss compensation private equity fund co-investment right

Cited Legislation

AI generated
Art. 6:104 BW
Art. 6:162 BW
artikel 2:8 BW
artikel 6:162 BW
artikel 2:201 BW
artikel 6:104 BW
artikel 192 lid 1 Rv
artikel 2:203 BW
artikel 6:89 BW
Artikel 22 Rv

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