ECLI:NL:RBUTR:2008:BC3554
ECLI:NL:RBUTR:2008:BC3554
AI generated
Court prohibits bank guarantee payment until contract dispute is finally resolved in interim proceedings.
Legislator summary
AI generatedThe court granted an interim injunction prohibiting the bank from paying out two bank guarantees upon the client's request. While the guarantor argued for strict conformity to the contract, the court found the bank had reasonable grounds to doubt the claim's validity after receiving the client's legal advice. Consequently, the injunction was lifted, and the bank was ordered to pay the costs of the procedure.
Legislator headnote
AI generatedBankgarantiegesetz; Art. 17 ust. 1 k.r.s.: A bank guarantee may be called upon only upon strict conformity to the contract terms, but the guarantor may refuse payment if there are reasonable grounds to believe the claim is arbitrary or fraudulent.
Keywords
AI generated
bank guarantee
strict conformity
arbitrary claim
interim injunction
contract dispute
guarantor liability
payment prohibition
Cited Legislation
AI generatedBankgarantiegesetz
Art. 17 ust. 1 k.r.s.