Significant judgements in 2016 permalink

29 December 2016 | tax procedural law, tenancy law, credit license, human rights, EU

Judgements in 2016 in cases handled by Ten Hoeve & Van der Horst that were published or otherwise significant.

Administrative law
Supreme Court 25 November 2016, ECLI:NL:HR:2016:2667 An order on the basis of article 40 Wet WOZ is not susceptible to appeal to administrative or tax courts. The Supreme Court departs from case law of the highest general administrative court, the Council of State. Complete judgment (Dutch)

Appeals court Arnhem-Leeuwarden 12 Jan 2016, ECLI:NL:GHARL:2016:89 Arguments concerning the binding force of municipal tax regulations posed in an appeal against a tax assessment do not constitute an inadmissible appeal against those regulations, but can be indeed put forth in an appeal against the assessment. Read more here (Dutch)

Civil law
District court Oost-Brabant 6 October 2016, 4314342 CV EXPL 15-8131 Landlord fails to prove tenant has damaged the house she rented due to effective use of burden of proof (article 7:224 Civil Code). Read more here

District court The Hague 14 September 2016, 4794107 RL EXPL 16-3240 The Dutch State is not liable for it's court failing to give a reasoned decision on a request to submit questions to the European Court of Justice for a preliminary ruling, thereby departing from case law of the European Court of Human Rights (8 April 2014, no. 17120/09, Dhahbi v. Italy). Dutch legislation on court fees not within the scope of European Union law.

District court Oost-Brabant 12 July 2016, 305718/EX RK 16/59 Bank concludes credit agreement but does not have a license to offer credit: credit agreement declared null and registration of personal data in national credit registry unlawful. Read more here

District court The Hague 21 March 2016, 4909567 RP VERZ 16-50212 No court fees are to be levied for the procedure constituting an 'effective remedy' against violations of the Charter of Fundamental Right or the European Convention on Human Rights during a court procedure. Read more here (Dutch)