Dexia verwacht eind 2008 drie nieuwe uitspraken Hoge Raad
Geplaatst: 18 sep 2008 19:26
Op 29 augustus heeft Dexia haar financiële resultaten over het 2e kwartaal 2008 bekend gemaakt. In het "Financial Report 2Q 2008" staat op pagina 59 het volgende over de aandelenleaseaffaire in Nederland:
Dexia Bank Nederland NV (DBnl) is in the process of reimbursing all (net) sums paid by clients, which benefit from the judgment of the Dutch Supreme Court of March 28, 2008 in respect of the so-called spouse consent matter.
DBnl continues to oppose the April 27, 2007 “standard decisions” of the Amsterdam Sub-District Court in respect of especially duty of care, in particular since other Sub-District Courts tend to follow this Amsterdam “Model”. In several judgments, the Amsterdam Court of Appeal and the Arnhem Court of Appeal have decided that interest paid by the client should not be considered to be part of the damage of the client, but especially the Amsterdam Sub-District Court sticks to a broader definition of relevant damage. Therefore, DBnl has issued and will continue to issue more appeals in this respect to the Dutch Courts of Appeal. Duty of care issues, including the correct definition of relevant damage, will be part of three judgments by the Dutch Supreme Court which are expected to be rendered in 4Q 2008 or 1Q 2009. The provisions of DBnl are based on the costs of the Duisenberg Arrangement and not on the “standard decisions” of Sub-District Courts.
In two of these expected Dutch Supreme Court judgments, the matter of the applicability of the Netherlands Consumer Credit Act will be at stake as well. Until now, the Dutch Courts of Appeal have always judged that this act is not applicable indeed. The provisions of DBnl are not based on a negative outcome of this issue.
On June 30, 2008, DBnl is involved in over 3,900 civil court cases, representing nearly 5,000 clients. However, the number of clients in proceedings will continue to decrease because of settlements and because of cancellations of court cases after DBnl paid sums due in respect of aforementioned spouse judgment of the Dutch Supreme Court.