Recently, the Dutch Supreme Court ruled on whether a Court of Appeal ruling should be classified as an ‘impermissible surprise decision’.

In one of the most prominent abuse of dominance cases pending in the Netherlands, the Amsterdam Court of Appeal last week reversed a judgment of the Amsterdam District Court.

Since 1 January 2021, a formal Dutch pre-insolvency arrangement is made available with the implementation of the Act on Court Confirmation of Extrajudicial Restructuring Plans, also known as the Dutch Scheme. It provides a restructuring tool to prevent insolvency of (partly) viable companies or to accommodate a controlled liquidation. Two weeks ago, the first two court rulings in respect of the Dutch Scheme were published.

On 24 November 2020, the European Court of Justice (ECJ) ruled that the German hotel Wikingerhof, which used the Booking.com platform, may bring proceedings based on an abuse of a dominant position before the courts of Germany, although defendant Booking.com was domiciled in the Netherlands.