Netherlands:
Dutch Supreme Court: State Liable For National Legislation Conflicting With EU Law
19 October 2015
De Brauw Blackstone Westbroek N.V.
To print this article, all you need is to be registered or login on Mondaq.com.
The Dutch Supreme Court ruled on 18 September 2015 that the
State can be liable for issuing national statutes that conflict
with EU law. This is the first time that the Supreme Court has
decided that introducing a statute conflicting with EU law can
constitute tort under national law. The Dutch State argued that
this was not possible because it is not allowed to test a statute
against the Constitution. The Supreme Court disagreed. These
rulings make clear that this type of legal proceeding can be
successful.
Go to read more for the rulings and press release
(in Dutch only).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from Netherlands
Muddy Waters: Flooding And The Law Of Nuisance
Shepherd and Wedderburn LLP
This article looks at the circumstances in which there may be a claim under the law of nuisance if flooding is attributable to the use that a neighbouring landowner is making of their land.
Rule Changes Regarding Penal Notices
Herbert Smith Freehills
On 6 April 2024, an amendment to the Civil Procedure Rules came into force regarding penal notices – that is, notices given to persons served with a court order warning them that breach of the order may be punishable...
ESG And Class Actions
Taylor Wessing
Currently, three letters are a hot topic in the legal, business and financial world: ESG (Environmental, Social & Governance). Simultaneously with the rise of ESG, so-called "ESG disputes" emerged.